
    Kevin HARVEY, Petitioner, v. The STATE of Florida, Respondent.
    No. 3D10-2957.
    District Court of Appeal of Florida, Third District.
    March 9, 2011.
    Rehearing Denied April 5, 2011.
    Kevin Harvey, in proper person.
    Pamela Jo Bondi, Attorney General, for respondent.
    Before SUAREZ, CORTIÑAS, and LAGOA, JJ.
   SUAREZ, J.

Kevin D. Harvey petitions for writ of habeas corpus alleging ineffective assistance of appellate counsel. We dismiss the petition as premature, without prejudice to refile his petition once the pending motions below have been heard and finally determined, in particular, his motion to vacate the judgment and sentence now set for hearing.

Dismissed without prejudice.  