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744 So. 2d 1042

Docket No. 99-2093.

Johnson v. Moore

Victor JOHNSON, Petitioner, v. Michael MOORE, et al., Respondents.

District Court of Appeal of Florida

Decided August 18, 1999.

Rehearing Denied October 7, 1999.

District Court of Appeal of Florida · decided 1999-08-18

Cited by 5 later decisions — most recently December 2006

5 state decisions

Key passage — most relied on by later courts

“"Because the Anders procedure gave [appellant] the opportunity to make any argument that he believed his attorney should have raised, he cannot now seek relief by alleging ineffective assistance. Such allegations cannot be used to obtain additional appeals of issues that could have been raised on direct appeal."”

quoted by 2 later decisions, including 816 So. 2d 1067 - Jones v. State, 918 So. 2d 1013 - Barber v. State

Relies on Anders v. California · 574 So. 2d 63 - Mills v. Dugger

Good law ✅— No negative treatment on recordhow we know

Decided 1999-08-18

View the full empirical analysis of this case →

¶1*1043 Victor Johnson, Belle Glade, pro se.

¶2No response required for respondents.

¶3PER CURIAM.

¶4Victor Johnson filed a petition for writ of habeas corpus which alleges that his appellate counsel rendered ineffective assistance in connection with his direct appeal. In that appeal, counsel filed a motion to withdraw pursuant to Anders v. California,386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), certifying that there were no arguable issues for reversal of either the conviction or the probation revocation that resulted from Johnson's plea agreement with the state. Johnson was given the opportunity to file his own brief identifying any matter that he felt this court should address, but he did not do so. This court then conducted its own independent review of the record, and after finding no basis for reversal, dismissed the appeal.

¶5Because the Anders procedure gave Johnson the opportunity to make any argument that he believed his attorney should have raised, he cannot now seek relief by alleging ineffective assistance. Such allegations cannot be used to obtain additional appeals of issues that could have been raised on direct appeal. See Mills v. Dugger,574 So.2d 63, 65 (Fla.1990).

¶6PETITION DENIED.

¶7WARNER, C.J., SHAHOOD and HAZOURI, JJ., concur.

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