Opinion
No. 2D11–4285.
2011-09-23
Renato R. REMAK, Jr., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT.
The petition for writ of habeas corpus is denied without prejudice to any right the petitioner may have to file a Florida Rule of Criminal Procedure 3.850 motion alleging ineffective assistance of counsel. Claims two and three of the petition are treated as a petition alleging ineffective assistance of appellate counsel filed pursuant to Florida Rule of Appellate Procedure 9.141(c). The petitioner shall, within thirty days from the date of this order, file an appendix to the petition containing the transcript of the jury instructions as read to the jury and a copy of the written instructions that were provided to the jury for deliberation. The appendix shall also contain a copy of the transcript of the jury charge conference and the transcript of any objections to the instructions or requests for instructions made by the petitioner, along with any written requests for instructions, if any.