SHIRAH v. STATE (2019)

District Court of Appeal of Florida, First District.

Cody Austin SHIRAH, Petitioner, v. STATE of Florida, Respondent.

No. 1D19-4088

Decided: December 06, 2019

Cody Austin Shirah, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

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.

Per Curiam.

Lewis, Roberts, and Osterhaus, JJ., concur.

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