Allen v. State

Allen petitions for a writ of habeas corpus seeking a belated appeal. He argues his appellate counsel was ineffective for having failed to argue on appeal that the trial court illegally enhanced1 his conviction for second degree-murder with a firearm to a life felony. We find no merit or support for Allen’s argument. See Hogan v. State, 719 So.2d 957 (Fla. 4th DCA 1998). Further this petition is improper because it is successive to Allen’s direct appeal2 and his prior motion filed pursuant to Florida Rule of Appellate Procedure 3.850,3 both of which sought to attack his sentence.

Petition for…