Pleadro J. Scott v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: October 22, 2025
• Docket: 3D2025-1769
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 22, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-1769 Lower Tribunal No. F08-8261 __________________

Pleadro J. Scott, Petitioner,

vs.

State of Florida, Respondent.

A Case of Original Jurisdiction – Habeas Corpus.

Pleadro J. Scott, in proper person.

James Uthmeier, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for respondent.

Before SCALES, C.J., and LOBREE and GOODEN, JJ.

PER CURIAM. Petitioner Pleadro J. Scott petitioned this Court for a writ of habeas

corpus, alleging that his appellate counsel was ineffective during his direct

appeal. But his conviction and sentence became final after direct appeal

over twelve years ago. See Scott v. State, 114 So. 3d 393 (Fla. 3d DCA

2013); Scott v. State, 123 So. 3d 1147 (Fla. 2013). For this reason, his

petition is untimely. See Fla. R. Crim. P. 9.141(d)(5) (“A petition alleging

ineffective assistance of appellate counsel on direct review must 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 may 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.”).

Petition dismissed.