Legal Opinion

FELDERS v. State

District Court of Appeal of Florida

Decided March 4, 2011No. 5D10-4142Published

1Per curiam

Petitioner seeks a belated appeal based on ineffectiveness of appellate counsel. We deny the Petition in all respects except for Petitioner’s claim that counsel should have challenged the minimum mandatory component of her sentence on double jeopardy grounds. Petitioner was initially sentenced for conspiracy to traffic in cocaine without imposition of the minimum mandatory penalty. The State did not object. The court later resentenced Petitioner at the behest of the State to impose the minimum mandatory penalty. This aspect of Petitioner’s sentence was not challenged on direct appeal as a…

2Cases cited2 opinions

  1. Delemos v. StateDistrict Court of Appeal of Florida · 2007
  2. Gray v. StateDistrict Court of Appeal of Florida · 2005

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