Legal Opinion

Clark v. State

District Court of Appeal of Florida

Decided June 20, 2012No. 4D11-2186Published

1Per curiam

The defendant’s petition alleges ineffective assistance of appellate counsel. The petition raises four grounds. We grant the petition as to only the first ground. The first ground argues that appellate counsel was ineffective for failing to raise the issue of whether the defendant’s convictions for first degree grand theft and making a false insurance claim greater than $100,000, both allegedly stemming from the same action, violate double jeopardy. See Kist v. State, 900 So.2d 571, 571-72 (Fla. 2d DCA 2004) (granting petition alleging appellate counsel was ineffective in failing to raise a…

2Cases cited2 opinions

  1. Kist v. StateDistrict Court of Appeal of Florida · 2004
  2. LaRoche v. StateDistrict Court of Appeal of Florida · 1998

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