HARVEY V. STATE

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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed March 9, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-2957 Lower Tribunal No. 88-2420 ________________ Kevin Harvey, Petitioner, vs. The State of Florida, Respondent. On Petition for Writ of Certiorari to the Circuit Court for Miami-Dade County, Mary Barzee Flores, Judge. Kevin Harvey, in proper person. Pamela Jo Bondi, Attorney General, for respondent. Before SUAREZ, CORTIÃ AS, and LAGOA, JJ. SUAREZ, J. Kevin D. Harvey petitions for writ of habeas corpus alleging ineffective assistance of appellate counsel. We dismiss the petition as premature, without prejudice to refile his petition once the pending motions below have been heard and finally determined, in particular, his motion to vacate the judgment and sentence now set for hearing. Dismissed without prejudice. 2

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