LUCKEY
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-03-06
No. 2024-0180
2024 FL 2394 Florida District Court of Appeal, First District (2024)

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Holding

A petition alleging ineffective assistance of counsel must be filed no more than two years after the judgment and sentence become final on direct review.


Headnotes

[1] A petition alleging ineffective assistance of counsel must be filed no more than two years after the judgment and sentence become final on direct review under Florida Rul…

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Facts & Procedural History

Marvin James Luckey, pro se, filed a petition alleging ineffective assistance of appellate counsel in the First District Court of Appeal.…

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Opinion of the Court

Petition Alleging Ineffective Assistance of Appellate Counsel— Original Jurisdiction.

March 6, 2024 PER CURIAM.

The Court dismisses the petition alleging ineffective assistance of counsel as unauthorized. See Fla. R. App. P. 9.141(d)(5) (explaining that a petition alleging ineffective assistance of counsel is generally filed no more than two years after the judgment and sentence become final on direct review). 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.


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