11-3464 CHARLIE J. BURROUGHS, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 11-3464

Case Date: 07/22/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHARLIE J. BURROUGHS, Petitioner, v. STATE OF FLORIDA, Respondent. _______________________________/ Opinion filed July 22, 2011. Petition Alleging Ineffective Assistance of Appellate Counsel -- Original Jurisdiction. Charlie J. Burroughs, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D11-3464

PER CURIAM. For the third time, Charlie Burroughs petitions the court for relief on the theory that his appellate counsel was ineffective for failing to challenge the

sufficiency of the evidence.

Burroughs' first petition raising this claim was

untimely and denied as such. His second petition was likewise untimely, failed to allege any meritorious basis for an exception to the time limitation, and in addition was determined to be impermissibly successive. Burroughs has now presented the same claim again, and as with his last petition, we determine that this claim is procedurally barred both as untimely under rule 9.141(d)(5) and impermissibly successive under rule 9.141(d)(6)(C). Petitioner is cautioned that the filing of any further procedurally barred petitions claiming that appellate counsel was ineffective in this case may result in the imposition of sanctions, including but not limited to an order prohibiting petitioner from filing any further pro se pleadings in this court. Petition alleging ineffective assistance of appellate counsel DENIED and DISMISSED. VAN NORTWICK, WETHERELL, and ROWE, JJ., CONCUR.

2

Download 11-3464 CHARLIE J. BURROUGHS, v. STATE OF FLORIDA.pdf