Jyrone Lumpkin v. State of Florida

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-1997
_____________________________
JYRONE LUMPKIN,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
_____________________________
Petition Alleging Ineffective Assistance of Appellate Counsel—
Original Jurisdiction.
September 11, 2020
PER CURIAM.
In Case No. 1D15-3431, this court affirmed Mr. Lumpkin’s
judgment of convictions but reversed his sentence and remanded
for resentencing. The trial court subsequently resentenced Mr.
Lumpkin, and he did not appeal the new sentence.
Mr. Lumpkin bases the petition in this case only on what he
perceives to be appellate counsel’s failure to argue certain errors
underlying the convictions, which we previously affirmed and
which became final on March 7, 2017, when the mandate issued in
Case No. 1D15-3431. He had two years from that date to file a
petition alleging ineffective assistance of appellate counsel with
respect to the appeal of those convictions. See Fla. R. App. P.
9.141(d)(5). However, Mr. Lumpkin did not deliver the petition to
prison personnel until May 17, 2019, and the petition does not
“allege[] under oath with a specific factual basis that [he] was
affirmatively misled about the results of the appeal by counsel.”
Id. The petition, therefore, is untimely filed.
DISMISSED.
BILBREY, WINOKUR, and TANENBAUM, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Jyrone Lumpkin, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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