         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                  _____________________________

                          No. 1D18-3174
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HARVEY B. DONLEY,

    Petitioner,

    v.

STATE OF FLORIDA,

    Respondent.
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Petition Alleging Ineffective Assistance of Appellate Counsel—
Original Jurisdiction.


                         March 28, 2019


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.
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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Harvey B. Donley, pro se, Petitioner.

Ashley B. Moody, Attorney General, Tallahassee, for Respondent.




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