Hernandez v. State

We have jurisdiction to consider the petition of Jose Luis Hernandez for a writ of habeas corpus predicated on ineffective assistance of appellate counsel. Smith v. State, 400 So.2d 956 (Fla.1981); Peri v. State, 458 So.2d 62 (Fla. 3d DCA 1984); see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The record demonstrates that appellate counsel failed to provide effective assistance: he did not challenge on direct appeal the sentence imposed by the trial court outside sentencing guidelines even though the trial court neglected to provide clear and convincing…