DERRICK JEVON JACKSON
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2019-11-13
No. 19-2071
278 So. 3d 345 Florida District Court of Appeal, Third District (2019) Positive Treatment
Cited by 1 case

Opinion of the Court

PER CURIAM.

We dismiss, as untimely, Jackson’s petition for writ of habeas corpus alleging ineffective assistance of appellate counsel, as it was “filed more than 2 years after

the judgment and sentence became final on direct review” and failed to “allege[] under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel.” See Fla. R. App. P. 9.141(d)(5); Hernandez v. State, 278 So. 3d 345, 345 n.4 (Fla. 3d DCA 2019). See also McDade v. State, 239 So. 3d 128, 128 (Fla. 3d DCA 2018) (noting that where there has been a direct appeal “the judgment and sentence become final upon the issuance of the appellate court’s mandate on the direct appeal”) (citing Beaty v. State, 701 So. 2d 856, 857 (Fla. 1997)).


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  • Jackson v. State, 278 So. 3d 345 (Fla. 3d DCA 2019)
    …sentence became final on direct review” and failed to “allege[] under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel.” See Fla. R. App. P. 9.141(d)(5); Hernandez v. State, 278 So. 3d 345, 345 n.4 (Fla. 3d DCA 2019). See also McDade v. State, 239 So. 3d 128, 128 (Fla. 3d DCA 2018) (noting that where there has been a direct appeal “the judgment and sentence become final upon the issuance of the appellate court’s mandate on the direct…

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