Summary
In Johnson v. Moore, 744 So.2d 1042 (Fla. 4th DCA 1999), this court held that a defendant whose counsel has withdrawn under Anders, and who has failed to file his own brief, cannot seek relief for ineffective assistance of appellate counsel.
Summary of this case from Jackson v. StateOpinion
No. 99-2093.
Opinion filed August 18, 1999.
Petition for writ of habeas corpus to the Circuit Court of the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. No. 97-9721 CF10.
Victor Johnson, Belle Glade, pro se.
No response required for respondents.
Victor Johnson filed a petition for writ of habeas corpus which alleges that his appellate counsel rendered ineffective assistance in connection with his direct appeal. In that appeal, counsel filed a motion to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), certifying that there were no arguable issues for reversal of either the conviction or the probation revocation that resulted from Johnson's plea agreement with the state. Johnson was given the opportunity to file his own brief identifying any matter that he felt this court should address, but he did not do so. This court then conducted its own independent review of the record, and after finding no basis for reversal, dismissed the appeal.
Because the Anders procedure gave Johnson the opportunity to make any argument that he believed his attorney should have raised, he cannot now seek relief by alleging ineffective assistance. Such allegations cannot be used to obtain additional appeals of issues that could have been raised on direct appeal. See Mills v. Dugger, 574 So.2d 63, 65 (Fla. 1990).
PETITION DENIED.
WARNER, C.J., SHAHOOD and HAZOURI, JJ., concur.