LUMPKIN v. STATE (2020)

District Court of Appeal of Florida, First District.

Jyrone LUMPKIN, Petitioner, v. STATE of Florida, Respondent.

No. 1D19-1997

Decided: September 11, 2020

Jyrone Lumpkin, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

In Case No. 1D15-3431, this court affirmed Mr. Lumpkin's judgment of convictions but reversed his sentence and remanded for resentencing. The trial court subsequently resentenced Mr. Lumpkin, and he did not appeal the new sentence.

Mr. Lumpkin bases the petition in this case only on what he perceives to be appellate counsel's failure to argue certain errors underlying the convictions, which we previously affirmed and which became final on March 7, 2017, when the mandate issued in Case No. 1D15-3431. He had two years from that date to file a petition alleging ineffective assistance of appellate counsel with respect to the appeal of those convictions. See Fla. R. App. P. 9.141(d)(5). However, Mr. Lumpkin did not deliver the petition to prison personnel until May 17, 2019, and the petition does not “allege[ ] under oath with a specific factual basis that [he] was affirmatively misled about the results of the appeal by counsel.” Id. The petition, therefore, is untimely filed.

Dismissed.

Per Curiam.

Bilbrey, Winokur, and Tanenbaum, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network