Moment v. State

This petition for writ of habeas corpus alleging ineffective assistance of appellate counsel arises from this court’s affirmance of Moment’s violation of probation. Moment v. State, 773 So.2d 577 (Fla. 4th DCA 2000). Moment argues that appellate counsel was ineffective in failing to supplement the record on appeal with a copy of the probation order. We grant Moment’s petition and reverse his conviction for violation of probation.

On direct appeal Moment sought reversal of his conviction by arguing that there was no condition in the order requiring him to submit to random drug testing. This…