WALDO MASON WATTLES, III, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A petition alleging ineffective assistance of appellate counsel shall not be filed more than two years after the conviction becomes 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.
Applying that rule here, Wattles’ conviction became final on April 20, 1998' — the date the mandate issued from this court on the direct appeal. This petition was filed September 13, 2000, (under the mail box rule) beyond the two year time bar. Since Wattles fails to allege the exception to the rule quoted above, his petition is time barred, and we lack jurisdiction to consider it.
Petition for Writ of Habeas Corpus DISMISSED.
THOMPSON, C.J., and PLEUS, J., concur. . Wattles v. State, No. 99-1755, 764 So. 2d 600 (Fla. 5th DCA July 5, 2000).
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Gandy v. State, 846 So. 2d 1141 (Fla. 2003)…opinion. The decision from the Fifth District in Jeffus’s case reads in its entirety: ORDERED that the Petition Alleging Ineffective Assistance of Appellate Counsel, filed May 6, 2002, is denied. See Fla. R.App. P. 9.140(j)(3)(B); Waives v. State, 771 So. 2d 1209 (Fla. 5th DCA 2000). Upon consideration hereof, it is ORDERED that Petitioner’s MOTION FOR ENLARGEMENT OF TIME, filed May 30, 2002, is moot. Jeffus v. State, No. 5D02-1323 (Fla. 5th DCA June 5, 2002). Jeffus asserts in his notice to invoke that th…1 / 2
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- Hall v. State, 707 So. 2d 1170 (Fla. 4th DCA 1998)
- In re THE Matter OF THE Protest OF Election Returns & Absentee Ballots IN the November 4, 707 So. 2d 1170 (Fla. 3d DCA 1998)