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Donley v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Mar 28, 2019
267 So. 3d 534 (Fla. Dist. Ct. App. 2019)

Opinion

No. 1D18-3174

03-28-2019

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

Harvey B. Donley, pro se, Petitioner. Ashley B. Moody, Attorney General, Tallahassee, for Respondent.


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.


Summaries of

Donley v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Mar 28, 2019
267 So. 3d 534 (Fla. Dist. Ct. App. 2019)
Case details for

Donley v. State

Case Details

Full title:HARVEY B. DONLEY, Petitioner, v. STATE OF FLORIDA, Respondent.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Mar 28, 2019

Citations

267 So. 3d 534 (Fla. Dist. Ct. App. 2019)