SIDNEY MARTS, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SIDNEY MARTS, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D09-4974 STATE OF FLORIDA, Respondent. _______________________________/ Opinion filed October 27, 2009. Petition Alleging Ineffective Assistance of Appellate Counsel -- Original Jurisdiction. Sidney Marts, pro se, Petitioner. Bill McCollum, Attorney General, Tallahassee, for Respondent. PER CURIAM. The petition alleging ineffective assistance of appellate counsel is denied as premature. See Johnson v. State, 871 So. 2d 294 (Fla. 1st DCA 2004). KAHN, BENTON, and CLARK, JJ., CONCUR.

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