
    Terrence LOONEY, Petitioner, v. STATE of Florida, Respondent.
    No. 1D09-1168.
    District Court of Appeal of Florida, First District.
    April 14, 2009.
    Terrence Looney, pro se, Petitioner.
    
      Bill McCollum, Attorney General, Tallahassee, for Respondent.
   PER CURIAM.

The petition alleging ineffective assistance of appellate counsel is denied on the merits. This disposition is without prejudice to petitioner raising, by proper motion for postconviction relief in the trial court, a claim concerning the propriety of the jury instructions in light of our recent decision in Montgomery v. State, — So.3d —, 34 Fla. L. Weekly D360, 2009 WL 350624 (Fla. 1st DCA Feb. 12, 2009).

ALLEN, WOLF, and WEBSTER, JJ., concur.  