Sims v. State

District Court of Appeal of Florida

Sims v. State

826 So. 2d 435, 2002 Fla. App. LEXIS 11654, 2002 WL 1877141

Procedural entryThis page is a short order in Sims v. State. Read the opinion of the Court — 838 So. 2d 658 →

District Court of Appeal of Florida·Decided August 16, 2002·No. No. 5D02-2019·Published

Opinion

PER CURIAM.

Gregory Sims seeks a second appeal of his conviction, alleging ineffective assis[436]*436tance of appellate counsel. Sims’s conviction was affirmed on direct appeal in 1994. See Sims v. State, 641 So.2d 82 (Fla. 5th DCA 1994). Because a two-year limitation period applies to petitions alleging ineffective assistance of appellate counsel, the petition Sims filed in 2002 is untimely. See Fla. R.App. P. 9.141(c)(4)(B). Accordingly, the petition is dismissed.

DISMISSED.

HARRIS, GRIFFIN and ORFINGER, R. B., JJ., concur.

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PER CURIAM.

Gregory Sims seeks a second appeal of his conviction, alleging ineffective assis[436]*436tance of appellate counsel. Sims’s conviction was affirmed on direct appeal in 1994. See Sims v. State, 641 So.2d 82 (Fla. 5th DCA 1994). Because a two-year limitation period applies to petitions alleging ineffective assistance of appellate counsel, the petition Sims filed in 2002 is untimely. See Fla. R.App. P. 9.141(c)(4)(B). Accordingly, the petition is dismissed.

DISMISSED.

HARRIS, GRIFFIN and ORFINGER, R. B., JJ., concur.

Sims v. State, 826 So. 2d 435, 2002 Fla. App. LEXIS 11654, 2002 WL 1877141 (Fla. Ct. App. 2002).

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