Harvey B. Donley v. State of Florida
This text of Harvey B. Donley v. State of Florida (Harvey B. Donley v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
No. 1D18-3174 _____________________________
HARVEY B. DONLEY,
Petitioner,
v.
STATE OF FLORIDA,
Respondent. _____________________________
Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.
March 28, 2019
PER CURIAM.
Petitioner has filed a pro se petition for belated appeal following his conviction for trafficking in opium. To the extent Petitioner alleges ineffective assistance of appellate counsel on direct appeal, the petition is dismissed as untimely. See Fla. R. App. P. 9.141(d)(5). To the extent Petitioner complains about actions taken by counsel during postconviction proceedings, the petition is denied. See Tompkins v. State, 994 So. 2d 1072, 1088 (Fla. 2008) (noting that claims of ineffective assistance of postconviction counsel are not cognizable).
ROBERTS, RAY, and JAY, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Harvey B. Donley, pro se, Petitioner.
Ashley B. Moody, Attorney General, Tallahassee, for Respondent.
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