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LINDSEY v. STATE

No. 3D07-1518.

974 So.2d 1131 (2008)

Patrick LINDSEY, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

February 6, 2008.

Attorney(s) appearing for the Case

Patrick Lindsey, in proper person.

Bill McCollum, Attorney General, and Angel L. Fleming, Assistant Attorney General, for respondent.

Before GERSTEN, C.J., and ROTHENBERG and LAGOA, JJ.

ROTHENBERG, Judge.

Patrick Lindsey ("the defendant") petitions this Court for habeas corpus relief, alleging ineffective assistance of appellate counsel for failing to argue on direct appeal the violation of his right to a speedy trial. As the defendant waived his right to a speedy trial, appellate counsel cannot be faulted for failing to raise a meritless claim. We, therefore, deny the petition. See Rutherford v. Moore, 774 So.2d 637

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