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CASES

By Jeffrey Ivashuk

Criminal law -- Counsel -- Appellate -- Ineffectiveness -- Appellate counsel was not ineffective for failing to challenge imposition of minimum mandatory term based on jury's finding that defendant had discharged a firearm during commission of his crime -- Appellate counsel was ineffective for failing to pursue a claim that trial court erred in enhancing defendant's conviction for third degree murder, a second degree felony, to first degree felony based on use of firearm, and in imposing sentence accordingly -- Issue could have been raised by rule 3.800(b)(2) motion, and appellate counsel's failure to do so constituted ineffective assistance -- It is appropriate to simply grant petitioner relief to which he would have been entitled had issue been raised in original appeal, where a second appeal would be unnecessary, given that state posited no meaningful argument refuting contention that conviction was improperly enhanced -- Sentence for third degree murder conviction reversed and remanded     Reported at 33 Fla...continue to full post

Full post as published by JAABlog on August 04, 2008 (boomark / email).