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RUSS v. STATE

No. 3D06-2949.

971 So.2d 851 (2007)

Othlone RUSS, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 5, 2007.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for petitioner.

Bill McCollum, Attorney General, and Lisa A. Davis, Assistant Attorney General, for respondent.

Before GERSTEN, C.J., and CORTIÑAS, J., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.

This is an application for habeas corpus relief claiming ineffectiveness of appellate counsel in Russ v. State, 934 So.2d 527 (Fla. 3d DCA 2006), review denied, 940 So.2d 1125 (Fla.2006). The only arguable contention is that counsel incorrectly did not raise an issue concerning the trial court's jury instruction, which, by stating that unlawful sexual digital contact...

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