CAMELLON 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. 2005 ISRAEL CAMELLON, ** Petitioner, ** vs. CASE NO. 3D05-714 ** THE STATE OF FLORIDA, ** Respondent. ** LOWER TRIBUNAL CASE NO. F04-35993 Opinion filed December 28, 2005. A case of original jurisdiction Habeas corpus. Israel Camellon, in proper person. Charles J. Crist, Jr., Attorney General, and Fredericka Sands and Olga L. Villa, Assistant Attorneys General, for respondent. Before FLETCHER, RAMIREZ, and SUAREZ, JJ. PER CURIAM. In this purported habeas corpus proceeding, Israel Camellon claims that he was denied due process by not having appellate counsel appointed during an evidentiary hearing of a post- conviction relief motion. We observe, however, that not only is Camellon s writ petition for of habeas corpus procedurally barred, the record reflects that no request was made by Camellon for a court evidentiary appointed hearing, thus counsel the court for his cannot post-conviction be said abused its discretion by not appointing counsel. 1 The petition is denied. 1 Wheeler v. State, 807 So. 2d 94 (Fla. 1st DCA 2002). 2 to have

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