PERRY v. STATE

No. 98-1539.

714 So.2d 584 (1998)

Tony Lorenzo PERRY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 5, 1998.


Attorney(s) appearing for the Case

Tony Lorenzo Perry, Raiford, pro se.

No Appearance for Respondent.


PER CURIAM.

DENIED. See McCray v. State, 699 So.2d 1366, 1368 (Fla.1997):

[W]e conclude, as a matter of law, that any petition for a writ of habeas corpus claiming ineffective assistance of appellate counsel is presumed to be the result of an unreasonable delay and to prejudice the state if the petition has been filed more than five years from the date the petitioner's conviction became final.... [T]his initial presumption...

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