JACKSON v. STATE (2018)

District Court of Appeal of Florida, Third District.

Robert L. JACKSON, Petitioner, v. The STATE of Florida, Respondent.

No. 3D18-1170

Decided: September 12, 2018

Before SALTER, EMAS and LOGUE, JJ.

Robert L. Jackson, in proper person. Pamela Jo Bondi, Attorney General, Tallahassee, and Jeffrey R. Geldens, Assistant Attorney General, Miami, for respondent.

We dismiss, as untimely, the petition for writ of habeas corpus alleging ineffective assistance of appellate counsel. See Fla. R. App. P. 9.141(d)(5) (providing: “A petition alleging ineffective assistance of appellate counsel on direct review shall not be filed more than 2 years after the judgment and sentence become final on direct review unless it alleges under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel. In no case shall a petition alleging ineffective assistance of appellate counsel on direct review be filed more than 4 years after the judgment and sentence become final on direct review”); Forisso v. State, 968 So.2d 677 (Fla. 4th DCA 2007) (the pendency of collateral postconviction relief proceedings does not toll the time period within which to file a claim for ineffective assistance of appellate counsel).

PER CURIAM.

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