*462We dismiss, as untimely, the petition for writ of habeas corpus alleging ineffective assistance of appellate counsel. See Fla. R. App. P. 9.141(d)(5) (providing: "A petition alleging ineffective assistance of appellate counsel on direct review shall not be filed more than 2 years after the judgment and sentence become final on direct review unless it alleges under oath with a specific factual basis that the petitioner was affirmatively misled about the results of the appeal by counsel. In no case shall a petition alleging ineffective assistance of appellate counsel on direct review be filed more than 4 years after the judgment and sentence become final on direct review"); Forisso v. State, 968 So.2d 677 (Fla. 4th DCA 2007) (the pendency of collateral postconviction relief proceedings does not toll the time period within which to file a claim for ineffective assistance of appellate counsel).
Jackson v. State, 255 So. 3d 461 (2018)
Sept. 12, 2018
·
District Court of Appeal of Florida, Third District
·
No. 3D18-1170
255 So. 3d 461
Robert L. JACKSON, Petitioner,
v.
The STATE of Florida, Respondent.
No. 3D18-1170
District Court of Appeal of Florida, Third District.
Opinion filed September 12, 2018
Robert L. Jackson, in proper person.
Pamela Jo Bondi, Attorney General, Tallahassee, and Jeffrey R. Geldens, Assistant Attorney General, Miami, for respondent.
Before SALTER, EMAS and LOGUE, JJ.