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NEREY v. STATE

No. 93-1911.

634 So.2d 206 (1994)

Jose NEREY, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

March 22, 1994.

Attorney(s) appearing for the Case

Jose Nerey, in pro. per.

Robert A. Butterworth, Atty. Gen. and Mark C. Katzef, Asst. Atty. Gen., for respondent.

Before NESBITT, JORGENSON and LEVY, JJ.

PER CURIAM.

This claim of ineffective assistance of appellate counsel is properly raised by petition for habeas corpus. State v. District Court of Appeal of Florida, First District, 569 So.2d 439 (Fla. 1990). Having considered the error claimed, we deny the petition.

Defendant argues that his appellate counsel was ineffective for failing to argue that defendant did not knowingly, intelligently, and voluntarily waive...

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