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Gregory v. State

District Court of Appeal of Florida, Third District
Nov 29, 2006
943 So. 2d 292 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D06-1604.

November 29, 2006.

A Case of Original Jurisdiction-Habeas Corpus.

Andre Odell Gregory, in proper person.

Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.

Before GERSTEN, SUAREZ, and ROTHENBERG, JJ.


The defendant, Andre Odell Gregory, petitions for a writ of habeas corpus alleging ineffective assistance of appellate counsel. The Florida Supreme Court has consistently held that appellate counsel will not be deemed ineffective for failing to raise issues that were not properly raised during trial court proceedings and do not present a question of fundamental error. See Valle v. Moore, 837 So.2d 905, 907-08 (Fla. 2002); see also Coney v. State, 937 So.2d 255, 256 (Fla. 3d DCA 2006). We, therefore, deny the petition.

Petition for writ of habeas corpus denied.


Summaries of

Gregory v. State

District Court of Appeal of Florida, Third District
Nov 29, 2006
943 So. 2d 292 (Fla. Dist. Ct. App. 2006)
Case details for

Gregory v. State

Case Details

Full title:Andre Odell GREGORY, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Nov 29, 2006

Citations

943 So. 2d 292 (Fla. Dist. Ct. App. 2006)