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Jackson v. State

District Court of Appeal of Florida, Fourth District
Jul 28, 2004
877 So. 2d 944 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 4D03-4019.

Opinion filed July 28, 2004.

Petition alleging ineffective assistance of counsel to the Circuit Court for the Seventeenth Judicial Circuit, Broward County, James I. Cohn, Judge, L.T. Case No. 00-18459 CF10B.

Frank Jackson, Okeechobee, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melanie A. Dale, Assistant Attorney General, West Palm Beach, for respondent.


Frank Jackson petitions this court for a writ of habeas corpus alleging his appellate counsel provided ineffective assistance. We grant relief in part.

Jackson is entitled to a new direct appeal wherein he may raise the sole and specific issue of error associated with the trial court's alleged failure to provide defense counsel with an opportunity to participate in formulating responses to the jury's questions. See Woods v. State, 712 So.2d 1184 (Fla. 4th DCA 1998); McGlynn v. State, 697 So.2d 571 (Fla. 4th DCA 1997). Compare Lavin v. State, 861 So.2d 488 (Fla. 4th DCA 2003). If Jackson requests and qualifies for appointed counsel, the trial court shall grant such relief. Jackson shall have sixty days from the date of the issuance of the mandate in this case in which to file a notice of appeal to initiate the appellate proceeding.

WARNER, STEVENSON and MAY, JJ., concur.

NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Fourth District
Jul 28, 2004
877 So. 2d 944 (Fla. Dist. Ct. App. 2004)
Case details for

Jackson v. State

Case Details

Full title:FRANK JACKSON, Petitioner, v. STATE OF FLORIDA, Respondent

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 28, 2004

Citations

877 So. 2d 944 (Fla. Dist. Ct. App. 2004)