Opinion
No. 4D13-726
08-07-2013
JESSIE SMITH, Petitioner, v. STATE OF FLORIDA, Respondent.
Jessie Smith, Okeechobee, pro se. No appearance required for respondent.
.
Petitioner Jessie Smith seeks a writ of habeas corpus to review alleged ineffective assistance of appellate counsel in Smith's direct appeal of his convictions for kidnapping and assault. Smith asserts that his appellate counsel was ineffective for not raising an alleged deficiency of trial counsel in his direct appeal. We deny the petition.
It is well established that "appellate counsel is not ineffective for failing to raise a claim of ineffective assistance of trial counsel on direct appeal." Ferrell v. State, 29 So. 3d 959, 988 (Fla. 2010); see also Stewart v. Crosby, 880 So. 2d 529, 531 (Fla. 2004); Rutherford v. Moore, 774 So. 2d 637, 647-48 (Fla. 2000); Suarez v. Dugger, 527 So. 2d 190, 193 (Fla. 1988); Blanco v. Wainwright, 507 So. 2d 1377, 1384 (Fla. 1987); Blackwell v. State, 831 So. 2d 793, 794 (Fla. 5th DCA 2002).
Petition denied. DAMOORGIAN, C.J., CIKLIN and LEVINE, JJ., concur.
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Petition alleging ineffective assistance of counsel to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ilona Holmes, Judge; L.T. Case No. 08-12686 CF10A.
Jessie Smith, Okeechobee, pro se.
No appearance required for respondent.
Not final until disposition of timely filed motion for rehearing.
Smith v. State, 84 So. 3d 1041 (Fla. 4th DCA 2011).