Beliveau v. State

ALTENBERND, Judge.

Gary Beliveau appeals the trial court’s order denying his postconviction motion after an evidentiary hearing. We affirm that order. We take this opportunity to emphasize that the appointment of appellate counsel for postconviction proceedings is not a matter of right. When deciding whether to appoint postconviction appellate counsel, trial courts should be guided by the due process considerations described in Graham v. State, 372 So.2d 1363 (Fla.1979). See Gantt v. State, 714 So.2d 1116,1117 (Fla. 4th DCA 1998).

We also use this case as an opportunity to announce a change in…