Alvarez v. Crosby

On Rehearing Granted

COPE, C.J.

On consideration of the petitioner’s motion for rehearing, we withdraw our previous unpublished order and substitute the following opinion.

Hector Manuel Alvarez has filed a petition for writ of habeas corpus claiming ineffective assistance of appellate counsel, which we treat as a petition alleging ineffective assistance of appellate counsel. See Fla. R.App. P. 9.141(c). We grant the petition, reverse Alvarez’ convictions, and remand for a new trial.

Alvarez was convicted of sexual battery and lewd assault. He appealed. On March 27, 2002, this court ordered a new…