DONALD J. DICKERSON
v.
STATE OF FLORIDA
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Donald Dickerson petitioned for relief from his convictions and sentences for multiple serious felonies, claiming ineffective assistance of appellate counsel. The court dismissed the petition as untimely because Dickerson filed it over three years after the mandate issued, exceeding the two-year deadline under Florida's appellate rules.
The petition was dismissed as untimely. Dickerson had two years from January 6, 2017, to file his petition, but he did not file until July 16, 2020—over three years later. Since he failed to file within the two-year deadline and made no allegations qualifying for an exception to that limit, the petition must be dismissed.
[1] A petition for relief from convictions and sentences alleging ineffective assistance of appellate counsel is untimely if not filed within two years of the issuance of the…
[2] A petitioner may file an untimely petition for ineffective assistance of appellate counsel if they allege under oath with a specific factual basis that counsel affirmativ…
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes the applicable two-year deadline and that Dickerson's filing was untimely.
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Join FLexlaw to unlock all legal intelligenceDickerson was convicted of two counts of attempted first-degree felony murder, one count of attempted voluntary manslaughter, three counts of kidnappi…
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PER CURIAM.
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. _____________________________