Grimes v. State

The petitioner’s appointed appellate counsel, who also represented him at trial, filed a timely notice of appeal on his behalf but then failed to respond timely to this court’s order directing the appellant either to pay the filing fee or to file a circuit court clerk’s determination of indi-gency status. As a result, the petitioner’s direct appeal, case number 4D09-4240, was dismissed. This alone constitutes ineffective assistance of appellate counsel. Spivey v. State, 827 So.2d 390 (Fla. 5th DCA 2002).

The petitioner then filed with the circuit court a pro se motion for the appointment of…