IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA TERRENCE LOONEY, Petitioner, v. STATE OF FLORIDA, Respondent. ___________________________/ Opinion filed April 14, 2009. Petition Alleging Ineffective Assistance of Appellate Counsel -- Original Jurisdiction. Terrence Looney, pro se, Petitioner. Bill McCollum, Attorney General, Tallahassee, for Respondent. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-1168
PER CURIAM. The petition alleging ineffective assistance of appellate counsel is denied on the merits. This disposition is without prejudice to petitioner raising, by proper motion for postconviction relief in the trial court, a claim concerning the propriety of the jury instructions in light of our recent decision in Montgomery v. State, 34 Fla. L. Weekly D360 (Fla. 1st DCA Feb. 12, 2009). ALLEN, WOLF, and WEBSTER, JJ., CONCUR.