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458 So. 2d 62

458 So.2d 62

9 Fla.L.Weekly 2251

Peri v. State

District Court of Appeal of Florida

Decided October 23, 1984

District Court of Appeal of Florida · decided 1984-10-23

Cited by 3 later decisions — most recently May 1995

3 state decisions

Relies on Knight v. State · 400 So. 2d 956 - Smith v. State · 412 So. 2d 367 - Spaulding v. AMERICAN FIRE & INDEM CO

Good law ✅— No negative treatment on recordhow we know

Decided 1984-10-23

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PER CURIAM.

¶1The defendant appeals from the denial of a Fla.R.Crim.P. 3.850 motion based on the alleged ineffectiveness of appellate counsel. See Peri v. State, 412 So.2d 367 (Fla. 3d DCA 1981). Because this claim may be asserted only in a habeas corpus proceeding in the appellate court, Smith v. State, 400 So.2d 956 (Fla.1981); Knight v. State, *63394 So.2d 997 (Fla.1981), the order under review is affirmed without prejudice to the filing of such a petition.1

¶2. We do not believe that the record before us renders it appropriate to treat the present appeal as such a petition, as the appellant suggests. Cf. Smith v. State, supra; Roberts v. State, 378 So.2d 887 (Fla. 1st DCA 1979).

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