January 31, 2014 - Fifth District Court of Appeal Issued a Show Cause Order to the Attorney General to Show Why Habeas Petition Should not Be Granted

January 31, 2014, the Florida Fifth District Court of Appeal issued a show cause order to the State Attorney General why Mr. Kent's habeas petition for ineffective assistance of counsel in a case of lewd battery, should not be granted.  The issue in this habeas was whether it was ineffective assistance of counsel on the part of the prior appellate lawyer for the client, M.P., to voluntarily dismiss his direct appeal of sentencing following a guilty plea to lewd battery.  The underlying issue was whether lewd battery requires a 25 year minimum mandatory sentence or whether the sentencing judge has the discretion to impose a lesser, non mandatory sentence.  Although an order to show cause is not a final order and does not necessarily mean that the court ultimately will rule in the defendant's favor, given the posture of this case, in this case it does indicate that the District Court of Appeal is inclined to grant relief unless the State can convince the court otherwise.  [The DCA subsequently dismissed the habeas but Mr. Kent has a parallel issue pending in a 3.850 motion with the trial court.]