Broadus Stallings v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BROADUS STALLINGS, Petitioner, v. Case No. 5D16-316 STATE OF FLORIDA, Respondent. ________________________________ Opinion filed June 3, 2016 Petition Alleging Ineffectiveness of Appellate Counsel, A Case of Original Jurisdiction. Broadus Stallings, Lake City, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee Tatman Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. Broadus Stallings petitions this Court seeking a belated appeal. His petition is precluded, however, by his prior timely appeal. See Stallings v. State, 172 So. 3d 886 (Fla. 5th DCA 2015). While Stallings’s intent in filing the petition might have been to challenge the effectiveness of his appellate counsel, a petition seeking a belated appeal is not the proper vehicle for such a challenge. See Rutherford v. Moore, 774 So. 2d 637, 643 (Fla. 2000) (explaining that habeas petitions are the proper means to present claims of ineffective assistance of appellate counsel). PETITION DISMISSED. TORPY, COHEN and WALLIS, JJ., concur. 2

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