Opinion
1D21-2450
03-02-2022
Albert G. Cherry, Petitioner, v. State of Florida, Respondent.
Robert J. Slama of Robert J. Slama, P.A., Jacksonville, for Petitioner. Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Respondent.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Petition for Writ of Habeas Corpus-Original Jurisdiction.
Robert J. Slama of Robert J. Slama, P.A., Jacksonville, for Petitioner.
Ashley Moody, Attorney General, and David Welch, Assistant Attorney General, Tallahassee, for Respondent.
PER CURIAM
Dismissed. See Topps v. State, 865 So.2d 1253, 1258 (Fla. 2004) (explaining that a decision on an extraordinary writ petition that "clearly shows that the issue was considered by the court on the merits" is deemed a decision "which would later bar the litigant from presenting the issue under the doctrines of res judicata or collateral estoppel").
LEWIS, M.K. THOMAS, and TANENBAUM, JJ., concur.