Donley v. State, 267 So. 3d 534 (2019)

March 28, 2019 · District Court of Appeal of Florida, First District · No. 1D18-3174

267 So. 3d 534

Harvey B. DONLEY, Petitioner,
v.
STATE of Florida, Respondent.

No. 1D18-3174

District Court of Appeal of Florida, First District.

March 28, 2019

Harvey B. Donley, pro se, Petitioner.

Ashley B. Moody, Attorney General, Tallahassee, for Respondent.

Per Curiam.

Petitioner has filed a pro se petition for belated appeal following his conviction for trafficking in opium. To the extent Petitioner alleges ineffective assistance of appellate counsel on direct appeal, the petition is dismissed as untimely. See Fla. R. App. P. 9.141(d)(5). To the extent Petitioner complains about actions taken by counsel during postconviction proceedings, the petition is denied. See Tompkins v. State , 994 So.2d 1072, 1088 (Fla. 2008) (noting that claims of ineffective assistance of postconviction counsel are not cognizable).

Roberts, Ray, and Jay, JJ., concur.