Sims v. State

Full title: GREGORY SIMS, Petitioner, v. STATE OF FLORIDA, Respondent

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 16, 2002

826 So. 2d 435 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 5D02-2019

Opinion filed August 16, 2002. Rehearing Denied September 23, 2002.

Petition Alleging Ineffectiveness of Appellate Counsel, a Case of Original Jurisdiction.

Gregory Sims, Bushnell, Pro Se.

No Appearance for Respondent.

PER CURIAM.

Gregory Sims seeks a second appeal of his conviction, alleging ineffective assistance of appellate counsel. Sims's conviction was affirmed on direct appeal in 1994. See Sims v. State, 641 So.2d 82 (Fla. 5th DCA 1994). Because a two-year limitation period applies to petitions alleging ineffective assistance of appellate counsel, the petition Sims filed in 2002 is untimely. See Fla.R.App.P. 9.141(c)(4)(B). Accordingly, the petition is dismissed.

DISMISSED.

HARRIS, GRIFFIN and ORFINGER, R. B., JJ., concur.