Bonilla v. State

Full title: Rodrigo BONILLA, Petitioner, v. The STATE of Florida, Respondent

Court: District Court of Appeal of Florida, Third District

Date published: Dec 23, 2009

23 So. 3d 1256 (Fla. Dist. Ct. App. 2009)

Opinion

No. 3D09-3209.

December 23, 2009.

A Case of Original Jurisdiction — Habeas Corpus.

Rodrigo Bonilla, in proper person.

Bill McCollum, Attorney General, for respondent.

Before GERSTEN, SUAREZ, and SALTER, JJ.

Prior report: 19 So.3d 431.

PER CURIAM.

We deny the defendant's petition for writ of habeas corpus arguing ineffective assistance of appellate counsel. However, to preserve the defendant's rights, we certify direct conflict with Montgomery v. State, ___ So.3d ___, 2009 WL 350624 (Fla. 1st DCA 2009), which is currently pending review before the Florida Supreme Court. State v. Montgomery, 11 So.3d 943 (Fla. 2009).

Habeas corpus denied; conflict certified.