CODY AUSTIN SHIRAH
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-12-06
No. 19-4088
285 So. 3d 375 Florida District Court of Appeal, First District (2019) Positive Treatment
Cited by 2 cases

Opinion of the Court

PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied as premature. Florida Rule of Appellate Procedure 9.141(d)(5) requires that a petition alleging ineffective assistance of appellate counsel be filed within two years of a judgment and sentence becoming final on direct review. Because Petitioner’s judgment and sentence is pending on review before this Court, it has not yet become final. LEWIS, ROBERTS, and OSTERHAUS, JJ., concur. _____________________________


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