Witcher v. State

Full title: Andrelo Witcher, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, First District

Date published: Oct 20, 2021

No. 1D21-2310 (Fla. Dist. Ct. App. Oct. 20, 2021)

Opinion

1D21-2310

10-20-2021

Andrelo Witcher, Petitioner, v. State of Florida, Respondent.

Andrelo Witcher, 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.

Andrelo Witcher, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.

PER CURIAM

The Court denies on the merits the petition alleging ineffective assistance of appellate counsel. 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").

ROWE, C.J., and NORDBY and LONG, JJ., concur.