Filed: Sep. 22, 2021
Latest Update: Sep. 23, 2021
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D21-2053
_____________________________
DAVID B. ROBERTS,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
Petition Alleging Ineffective Assistance of Appellate Counsel—
Original Jurisdiction.
September 22, 2021
PER CURIAM.
The petition alleging ineffective assistance of appellate
counsel is denied on the merits. See Topps v. State, 865 So. 2d 1253,
1258 (Fla. 2004) (explaining that a decision on an extraordinary
writ petition that “clearly shows that the issue was considered by
the court on the merits” is deemed a decision “which would later
bar the litigant from presenting the issue under the doctrines of
res judicata or collateral estoppel”).
RAY, JAY, and TANENBAUM, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
David B. Roberts, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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