JENKINS V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 DONALD JENKINS, ** Appellant, vs. ** ** THE STATE OF FLORIDA, CASE NO. 3D04-908 ** Appellee. ** LOWER TRIBUNAL NO. 98-12528 ** Opinion filed November 10, 2004. A case of Original Jurisdiction Habeas Corpus. Bennett H. Brummer, Public Defender and Special Assistant Public Defender, for appellant. Paul Charles J. Crist, Jr. Attorney General and Fleming, Assistant Attorney General, for appellee. Morris, Angel L. Before SCHWARTZ, C.J., and LEVY and WELLS, JJ. PER CURIAM. The petition for habeas corpus based on appellate counsel s failure to raise the denial of the defendant s motion to suppress his confession on direct appeal, see Jenkins v. State, 837 So. 2d 1088 (Fla. 3d DCA 2003), is denied because the ground asserted has no substantive merit. Brown v. State, 846 So. 2d 1114 (Fla. 2003); Frances v. State, 857 So. 2d 1002 (Fla. 5th DCA 2003). 2

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