SAMUEL E. JOHNSON, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SAMUEL E. JOHNSON, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D08-6019 STATE OF FLORIDA, Respondent. _______________________________/ Opinion filed December 8, 2009. Petition Alleging Ineffective Assistance of Appellate Counsel -- Original Jurisdiction. Nancy A. Daniels, Public Defender, and Tiffany M. Jones, Assistant Public Defender, Tallahassee; Samuel E. Johnson, pro se, for Petitioner. Bill McCollum, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. The petition alleging ineffective assistance of counsel is granted. Johnson v. State, case number 1D08-0594 is hereby reinstated. The Public Defender, Second Judicial Circuit, is reappointed to represent petitioner in that proceeding. The date of issuance of mandate in this cause shall serve as commencement of the appeal for determining the times for preparation of the record and filing of the briefs in accordance with the Florida Rules of Appellate Procedure in case number 1D08-0594. PETITION GRANTED. WOLF, KAHN, and ROBERTS, JJ., CONCUR. 2

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