Hardy v. State

This petition seeks belated appeal of a judgment and sentence. Although a timely notice of appeal was originally filed, appellate counsel failed to file a docketing statement and failed to respond to this court’s order to pay the filing fee or obtain a certifícate of indigency. The result was dismissal of the direct appeal. This constitutes ineffective assistance of appellate counsel. McClain v. Moore, 775 So.2d 1003 (Fla. 1st DCA 2001); Wyatt v. State, 697 So.2d 1289 (Fla. 5th DCA 1997).

Accordingly, we grant the petition, reinstate petitioner’s appeal in case number 1D01-0366 and relinquish…