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652 So. 2d 1278

Keller v. State

District Court of Appeal of Florida · decided 1995-04-13

Relies on 635 So. 2d 21 - Florida Bar v. Weinstein

Decided 1995-04-13

PER curiam:.

¶1Paul J. Keller seeks a belated appeal in his petition for habeas corpus alleging that his pro se original appeal was frustrated by the trial court’s failure to appoint appellate counsel after his request.

¶2The minutes of the trial court indicate that Keller was found insolvent for purposes of appeal and that he requested counsel. For some reason an appointment was not made. He then timely filed his own appeal “in the interest of justice” and in his pro se brief again requested counsel. Keller’s convictions and sentences were affirmed per curiam without opinion in Keller v. State, 635 So.2d 31 (Fla. 5th DCA 1994). A review of that appellate file indicates a futile attempt to muster an effective appeal. Accordingly, we grant the petition.

¶3Petitioner shall file his notice of appeal and renew his application for the appointment of appellate counsel with the trial court within thirty days from the date hereof.

¶4PETITION GRANTED.

HARRIS, C.J., and PETERSON and GRIFFIN, JJ., concur.
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