Donald O. Williams v. State

Donald Otis Williams filed a petition pursuant to Florida Rule of Appellate Procedure 9.141(d), alleging that his appellate counsel provided ineffective assistance by not raising a claim that the trial court failed to offer counsel for the sentencing portion of his violation of probation hearing. 1 We grant the petition and remand for further proceedings consistent with this opinion.

When reviewing a petition alleging ineffective assistance of appellate counsel, “we must determine whether counsel’s performance was deficient and, if so, whether ‘the deficiency of that performance compromised…