ATHANAEL LOUIS JR v. THE STATE OF FLORIDA (2022)

District Court of Appeal of Florida, Third District.

ATHANAEL LOUIS, JR., Appellant(s)/Petitioner(s), v. THE STATE OF FLORIDA, Appellee(s)/Respondent(s).

CASE NO.: 3D22-1536

Decided: October 06, 2022

Pro se Petitioner's Response to the State of Florida's Motion to Dismiss is noted.

After careful consideration, the Court grants the State's Motion to Dismiss, and hereby dismisses, as untimely, pro se Petitioner's September 1, 2022, successive Petition Alleging Ineffective Assistance of Appellate Counsel.

Pro se Petitioner's conviction was final on March 6, 2020, the date this Court's Mandate (Case No: 3D18-2073) issued after this Court's February 19, 2020, Opinion affirming pro se Petitioner's sentence and conviction. Louis v. State, 300 So. 3d 149 (Table) (Fla. 3d DCA 2020). See Fla. R. App. P. 9.141(d)(5) (“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.”).

SCALES, GORDO and BOKOR, JJ., concur.

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