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720 So. 2d 269

Docket No. 98-1655.

Burnside v. State

Scott A. BURNSIDE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida

Decided October 2, 1998.

District Court of Appeal of Florida · decided 1998-10-02

Cited by 3 later decisions — most recently March 2008

3 state decisions

Relies on Rooney v. State · PMW v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-10-02

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¶1Scott A. Burnside, Raiford, pro se.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Respondent.

¶3PER CURIAM.

¶4Scott A. Burnside petitions for a writ of habeas corpus seeking a belated appeal because his privately retained attorney failed to file an initial brief. Appellate counsel's failure to file an initial brief is clearly below the norm of professionally acceptable performance. See P.M.W. v. State,678 So.2d 484 (Fla. 5th DCA 1996); Rooney v. State,632 So.2d 212 (Fla. 5th DCA 1994). We grant the petition, reinstate Burnside's appeal in this court's case number 97-2884 and relinquish jurisdiction to the trial court for a period of 30 days to appoint substitute appellate counsel. The newly appointed counsel shall have 30 days from the date of appointment by the trial court to file appellant's initial brief.

¶5WRIT ISSUED; REMANDED.

¶6GRIFFIN, C.J., and W. SHARP and PETERSON, JJ., concur.

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