Opinion
No. 2D13–1336.
2013-04-11
Eduardo Molina BRACERO, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT:.
In the petitioner's direct appeal in 2D07–3989, this court affirmed the convictions but reversed for resentencing. Bracero v.. State, 10 So.3d 664 (Fla. 2d DCA 2009). The petitioner was resentenced following this court's mandate, with the written sentences being rendered on or about October 1, 2009. There was no direct appeal from the resentencing, and the judgment and sentences became final on direct review once the time for filing a notice of appeal expired. The current petition alleging ineffective assistance of appellate counsel was filed via the mailbox rule on March 13, 2013. It was not filed within the two-year time period set forth in Florida Rule of Appellate Procedure 9.141(d)(5). The petition is therefore dismissed as untimely filed. The petitioner may challenge this ruling in a timely filed motion for rehearing.