Opinion
Case No. SC04-1060.
April 11, 2005.
Lower Tribunal No. 98-856.
Petitioner has submitted a petition for writ of habeas petition seeking to raise a belated claim of ineffective assistance of appellate counsel. The petition is hereby transferred to the Fifth District Court of Appeal for consideration. The transfer of this case should not be construed as an adjudication or comment on the merits of the petition. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court. Any and all pending motions in this case are hereby deferred to the transferee court.