Opinion
No. 1D19-4088
12-06-2019
Cody Austin SHIRAH, Petitioner, v. STATE of Florida, Respondent.
Cody Austin Shirah, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.
Cody Austin Shirah, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
Per Curiam.
The petition alleging ineffective assistance of appellate counsel is denied as premature. Florida Rule of Appellate Procedure 9.141(d)(5) requires that a petition alleging ineffective assistance of appellate counsel be filed within two years of a judgment and sentence becoming final on direct review. Because Petitioner's judgment and sentence is pending on review before this Court, it has not yet become final.
Lewis, Roberts, and Osterhaus, JJ., concur.