Rodriguez v. State

895 So. 2d 1283, 2005 Fla. App. LEXIS 3560, 2005 WL 602928
Procedural entryThis page is a short order in Rodriguez v. State. Read the opinion of the Court — 826 So. 2d 464
District Court of Appeal of Florida·Decided March 16, 2005·No. No. 3D05-219·Published

Opinion

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). [1284]*1284See McCray v. State, 699 So.2d 1366 (Fla.1997).

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Rodriguez v. State, 895 So. 2d 1283, 2005 Fla. App. LEXIS 3560, 2005 WL 602928 (Fla. Ct. App. 2005).

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Related

McCray v. State
699 So. 2d 1366 (Supreme Court of Florida, 1997)