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919 So. 2d 575

Mitchell v. State

District Court of Appeal of Florida

Decided January 11, 2006

District Court of Appeal of Florida · decided 2006-01-11

Relies on Thurston v. State

Decided 2006-01-11

ROTHENBERG, Judge.

¶1The Appellant, who also has filed a separate appeal from the denial of a rule 3.850 motion for post-conviction relief, appeals herein, from an order denying his motion for appointment of counsel to represent him in his post-conviction proceedings. As the trial court’s order denying the appointment of appellate counsel is not appealable under rule 9.140, see Thurston v. State, 812 So.2d 516 (Fla. 4th DCA 2002), we dismiss the instant appeal without prejudice. The defendant may raise the issue in his appeal from the denial of his rule 3.850 motion. See id.

¶2Appeal dismissed.

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