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Blane v. State

District Court of Appeal of Florida, First District
Jul 30, 2008
987 So. 2d 241 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D08-1168.

July 30, 2008.

Petition Alleging Ineffective Assistance of Appellate Counsel — Original Jurisdiction.

Richard Blane, pro se, Petitioner.

Bill McCollum, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Respondent.


Petitioner presents a timely claim of ineffective assistance of appellate counsel. The state concedes that appellate counsel was ineffective for failing to obtain transcripts of hearings concerning petitioner's request to discharge counsel and for failing to argue that the trial court failed to renew the offer of counsel at sentencing as required by Florida Rule of Criminal Procedure 3.111(d)(5). See Traylor v. State, 596 So.2d 957 (Fla. 1992). We grant petitioner a new appeal. A copy of this opinion shall be filed with the trial court and treated as the notice of appeal. If petitioner qualifies for appointed counsel, the trial court shall appoint new counsel to represent petitioner on appeal.

ALLEN, DAVIS, and HAWKES, JJ., concur.


Summaries of

Blane v. State

District Court of Appeal of Florida, First District
Jul 30, 2008
987 So. 2d 241 (Fla. Dist. Ct. App. 2008)
Case details for

Blane v. State

Case Details

Full title:Richard BLANE, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, First District

Date published: Jul 30, 2008

Citations

987 So. 2d 241 (Fla. Dist. Ct. App. 2008)

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