¶1Affirmed. See Russell v. State, 740 So.2d 567, 567 (Fla. 1st DCA 1999) (stating that the Florida Rules of Appellate Procedure require a claim of ineffective assistance of appellate counsel to be filed “in the appellate court that handled the direct appeal”); Johnson v. State, 694 So.2d 159, 159 (Fla. 4th DCA 1997); Oakley v. State, 677 So.2d 879, 880 (Fla. 2d DCA 1996); Dinkins v. State, 600 So.2d 1295, 1296 (Fla. 1st DCA 1992); Smith v. State, 543 So.2d 316, 317 (Fla. 5th DCA 1989). Even if the trial court had transferred the petition, in accordance with Florida Rule of Appellate Procedure 9.040(b)(1), the petition failed to state any basis for relief.
816 So. 2d 220
Nairn v. State
District Court of Appeal of Florida
Decided May 9, 2002
District Court of Appeal of Florida · decided 2002-05-09
Relies on Johnson v. State · 677 So. 2d 879 - Oakley v. State · 740 So. 2d 567 - Russell v. State
Decided 2002-05-09