BENNY N. MARZULLO v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BENNY N. MARZULLO, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D05-2895 STATE OF FLORIDA, Respondent. Opinion filed August 11, 2005. Petition Alleging Ineffective Assistance of Appellate Counsel -- Original Jurisdiction. Benny N. Marzullo, 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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