Opinion
1D21-2328
11-03-2021
Daniel Kellond, Petitioner, v. State of Florida, Respondent.
Daniel Kellond, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.
Petition Alleging Ineffective Assistance of Appellate Counsel- Original Jurisdiction.
Daniel Kellond, pro se,
Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.
PER CURIAM.
The petition alleging ineffective assistance of appellate counsel is denied on the merits. 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").
B.L. THOMAS, ROBERTS, and MK THOMAS, JJ, concur
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331 .