Donald J. Dickerson, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.
Petition Alleging Ineffective Assistance of Appellate Counsel—Original Jurisdiction.
Donald J. Dickerson petitions for relief from his convictions and sentences for two counts of attempted first-degree felony murder, one count of attempted voluntary manslaughter, three counts of kidnapping with a weapon, two counts of sexual battery with a weapon, one count of armed robbery, one count of first-degree arson, and one count of possession of a firearm by a convicted felon. Dickerson alleges that counsel in his direct appeal rendered ineffective assistance. We dismiss his petition as untimely. See Fla. R. App. P. 9.141(d)(5).
Dickerson appealed his convictions and sentences in Case No. 1D15-4646. This Court affirmed, and the mandate issued on January 6, 2017. See Dickerson v. State, 221 So. 3d 612 (Fla. 1st DCA 2017) (unpublished table decision). Dickerson had two years from that date to file his petition alleging ineffective assistance of appellate counsel. Fla. R. App. P. 9.141(d)(5). But Dickerson waited over three years and did not file his petition until July 16, 2020. Because he filed the petition beyond the two-year time limit and makes no allegation that would allow him to file beyond that limit, we DISMISS the petition as untimely. See id. (providing an exception from the two-year limit when the petitioner "alleges under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel"). ROBERTS, ROWE, and TANENBAUM, JJ., concur.
Not final until disposition of any timely and authorized motion under Fla . R. App. P. 9.330 or 9.331. Donald J. Dickerson, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.