Owens v. State

Full title: Tyler Owens, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, First District

Date published: Oct 27, 2021

No. 1D21-2650 (Fla. Dist. Ct. App. Oct. 27, 2021)

Opinion

1D21-2650

10-27-2021

Tyler Owens, Petitioner, v. State of Florida, Respondent.

Tyler Owens, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

Per Curiam.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition Alleging Ineffective Assistance of Appellate Counsel- Original Jurisdiction.

Tyler Owens, 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").

Ray, Osterhaus, and Nordby, JJ., concur.