Nelson Baptiste v. State of Florida
District Court of Appeal of Florida
1Per curiam
Nelson Baptiste petitions for a writ of habeas corpus alleging ineffective assistance of appellate counsel based on three grounds. We write to address the first and the third grounds, and deny the second ground without further comment.
Baptiste alleges in the first ground that his convictions for both home invasion robbery and burglary, which arose from a single criminal episode, violate double jeopardy. Failure to raise a valid double jeopardy claim on direct appeal can constitute ineffective assistance of appellate counsel. Perri v. State, 154 So.3d 1204, 1205 (Fla. 2d DCA 2015). A double…
2Cases cited7 opinions
- Jones v. StateDistrict Court of Appeal of Florida · 1982
- Labovick v. StateDistrict Court of Appeal of Florida · 2007
- Latos v. StateDistrict Court of Appeal of Florida · 2010
- Perez v. StateDistrict Court of Appeal of Florida · 2006
- Tuttle v. StateDistrict Court of Appeal of Florida · 2014
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Baptiste v. StateDistrict Court of Appeal of Florida · 2018
- NELSON BAPTISTE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018