06-1604 GREGORY V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 06-1604 GREGORY V. STATE

Case Date: 11/29/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2006

ANDRE ODELL GREGORY, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 01-19595 CASE NO. 3D06-1604

Opinion filed November 29, 2006. A Case of Original Jurisdiction-Habeas Corpus. Andre Odell Gregory, in proper person. Charles J. Crist, Jr., Attorney General, and William J. Selinger, Assistant Attorney General, for appellee.

Before GERSTEN, SUAREZ, and ROTHENBERG, JJ.

ROTHENBERG, Judge. The defendant, Andre Odell Gregory, petitions for a writ of habeas counsel. corpus alleging ineffective assistance of appellate

The Florida Supreme Court has consistently held that

appellate counsel will not be deemed ineffective for failing to raise issues that were not properly raised during trial court proceedings and do not present a question of fundamental error. See Valle v. Moore, 837 So. 2d 905, 907-08 (Fla. 2002); see also Coney v. State, 937 So. 2d 255, 256 (Fla. 3d DCA 2006). therefore, deny the petition. Petition for writ of habeas corpus denied. We,

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