Jackson v. State, 3D19-2071

Derrick Jevon Jackson, Petitioner, v. The State of Florida, Respondent.

No. 3D19-2071

Third District Court of Appeal State of Florida

November 13, 2019

Not final until disposition of timely filed motion for rehearing.

Lower Tribunal No. 10-27201

A Case of Original Jurisdiction - Ineffective Assistance of Appellate Counsel.

Derrick Jevon Jackson, in proper person.

Ashley Moody, Attorney General, for respondent.

Before EMAS, C.J., and FERNANDEZ and LOGUE, JJ.

PER CURIAM.

We dismiss, as untimely, Jackson's petition for writ of habeas corpus alleging ineffective assistance of appellate counsel, as it was "filed more than 2 years after

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the judgment and sentence became final on direct review" and failed to "allege[] under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel." See Fla. R. App. P. 9.141(d)(5); Hernandez v. State, 278 So. 3d 345, 345 n.4 (Fla. 3d DCA 2019). See also McDade v. State, 239 So. 3d 128, 128 (Fla. 3d DCA 2018) (noting that where there has been a direct appeal "the judgment and sentence become final upon the issuance of the appellate court's mandate on the direct appeal") (citing Beaty v. State, 701 So. 2d 856, 857 (Fla. 1997)).