RAUL EMILIO RODRIGUEZ, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
RAUL EMILIO RODRIGUEZ, PETITIONER,
THE STATE OF FLORIDA, RESPONDENT
895 So. 2d 1283
Florida District Court of Appeal, Third District (2005)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Raul Emilio Rodriguez (“Rodriguez”), filed a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel. Without addressing the merits, we deny Rodriguez’s petition because he filed it more than two years after his conviction became final and the petition does not contain a sworn statement alleging he was misled about the results of the appeal by counsel. Therefore, Rodriguez does not avoid the two year time bar of Florida Rule of Appellate Procedure 9.141(c)(4)(B). See McCray v. State, 699 So. 2d 1366 (Fla.1997).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Renard Williams v. State, 915 So. 2d 1276 (Fla. 3d DCA 2005)…t, defendant’s sentence in case number F97-13458, for which defendant was placed on probation, was a prior conviction for purposes of classifying defendant as a habitual felony offender. State v. Richardson, 915 So. 2d 86 (Fla.2005); James v. State, 895 So. 2d 1283 (Fla. 3d DCA 2005)(citing State v. Del Castillo, 890 So. 2d 376 (Fla. 3d DCA 2004)). Affirmed.…
Authorities Cited
- Ervin McCRAY v. State, 699 So. 2d 1366 (Fla. 1997)