GRIFFIN v. STATE (2018)

District Court of Appeal of Florida, Second District.

Elbert GRIFFIN, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17–4928, CASE NO.: 2D17–4448

Decided: January 18, 2018

Elbert Griffin filed a petition for writ of certiorari in case number 2D17–4928 seeking review of the trial court's order denying his motion to appoint counsel for direct appeal in case number 2D17–4448. The proper method to obtain review of an order denying appointment of appellate counsel is by filing a motion to review in the direct appeal. See, e.g., Smith v. State, 43 So. 3d 55 (Fla. 2d DCA 2010). Accordingly, we treat his petition for writ of certiorari as a motion to review the order denying appellate counsel in case number 2D17–4448, and dismiss case number 2D17–4928.

Upon consideration of Griffin's motion to review the denial of the appointment of appellate counsel, we grant his motion to the extent that we have reviewed the order denying appointment of appellate counsel, but approve that denial of appellate counsel in this appeal from the order on his motion for return of property. See Plaisted v. State, 46 So. 2d 148, 150 (Fla. 5th DCA 2010).

BY ORDER OF THE COURT:

KHOUZAM, MORRIS, and LUCAS, JJ., Concur.

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