Opinion
No. 3D19-1183
07-03-2019
Henry Cyrus Lucas, Petitioner, v. The State of Florida, Respondent.
Henry C. Lucas, in proper person. Ashley Moody, Attorney General, for respondent, the State of Florida.
Not final until disposition of timely filed motion for rehearing. Lower Tribunal No. 07-27539 A case of Original Jurisdiction-Habeas Corpus. Henry C. Lucas, in proper person. Ashley Moody, Attorney General, for respondent, the State of Florida. Before SALTER, FERNANDEZ, and MILLER, JJ. PER CURIAM.
Henry Cyrus Lucas petitions this Court for a writ of habeas corpus alleging ineffective assistance of appellate counsel. We dismiss the petition as procedurally barred under Florida Rule of Appellate Procedure 9.141(d)(5). See Fla. R. App. P. 9.141(d)(5) ("In no case shall a petition alleging ineffective assistance of appellate counsel on direct review be filed more than [four] years after the judgment and sentence become final on direct review."); Torres v. Inch, No. 3D19-0402 (Fla. 3d DCA April 24, 2019) (dismissing petition for writ of habeas corpus alleging ineffective assistance of appellate counsel as untimely as it was filed more than four years after defendant's judgment and sentence became final on direct review); Mendoza v. State, 224 So. 3d 836, 837 (Fla. 3d DCA 2017) ("Because [defendant's] petition was filed on May 7, 2017-more than four years after his judgment and sentence became final on direct review, we dismiss [defendant's] petition as procedurally barred under rule 9.141(d)(5).").
Dismissed.