Spivey v. State

Although a timely notice of appeal was originally filed, counsel of record faded to respond to this court’s order to pay the filing fee or obtain a certificate of indigen-cy. The result was dismissal of the direct appeal. This constitutes ineffective assistance of appellate counsel. Burnside v. State, 720 So.2d 269 (Fla. 5th DCA 1998); Johnson v. State, 719 So.2d 986 (Fla. 5th DCA 1998).

Accordingly, we grant Spivey’s petition, for a belated appeal and reinstate petitioner’s appeal in case number 5D02-716. We also relinquish jurisdiction to the trial court for thirty days to determine whether…