
    Donald JENKINS, Appellant, v. The STATE of Florida, Appellee.
    No. 3D04-908.
    District Court of Appeal of Florida, Third District.
    Nov. 10, 2004.
    Bennett H. Brummer, Public Defender and Paul Morris, Special Assistant Public Defender, for appellant.
    Charles J. Crist, Jr. Attorney General and Angel L. Fleming, Assistant Attorney General, for appellee.
    Before SCHWARTZ, C.J., and LEVY and WELLS, JJ.
   PER CURIAM.

The petition for habeas corpus based on appellate counsel’s failure to raise the denial of the defendant’s motion to suppress his confession on direct appeal, see Jenkins v. State, 837 So.2d 1088 (Fla. 3d DCA 2003), is denied because the ground asserted has no substantive merit. Brown v. State, 846 So.2d 1114 (Fla.2003); Frances v. State, 857 So.2d 1002 (Fla. 5th DCA 2003).  