ARTHUR LEE BATTEN v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ARTHUR LEE BATTEN, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D05-2834 STATE OF FLORIDA, Respondent. Opinion filed August 4, 2005. Petition Alleging Ineffective Assistance of Appellate Counsel -- Original Jurisdiction. Arthur Lee Batten, pro se, petitioner. Charlie Crist, Attorney General, Tallahassee, for respondent. PER CURIAM. The petition alleging ineffective assistance of appellate counsel is denied as both successive and procedurally barred. See Fla. R. App. P. 9.141(c)(4)(B); Fla. R. App. P. 9.141(c)(5)(C). KAHN, C.J., PADOVANO and LEWIS, JJ., concur.

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