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MUSTELIER v. DUGGER

No. 91-205.

579 So.2d 353 (1991)

Salvador F. MUSTELIER, Petitioner, v. Richard L. DUGGER, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, Third District.

May 14, 1991.

Attorney(s) appearing for the Case

Salvador F. Mustelier, in pro. per.

Robert A. Butterworth, Atty. Gen., and Michael L. Neimand, Asst. Atty. Gen., for respondent.

Before HUBBART, BASKIN and COPE, JJ.

PER CURIAM.

Salvador F. Mustelier petitions for a writ of habeas corpus for ineffective assistance of appellate counsel. He was convicted of first degree felony murder and conspiracy to traffic in cocaine in a trial at which the death penalty was waived.

We address the first issue in the petition. Mustelier contends that on direct appeal his appellate counsel should have raised as a fundamental error the trial court...

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