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

District Court of Appeal of Florida, Third District2018-09-12No. No. 3D18-1170
255 So. 3d 461

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Opinion

majority opinion

PER CURIAM.

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).