Brown v. State

W. SHARP, Judge.

Brown petitions for a writ of habe-as corpus, seeking a belated appeal of his 1995 conviction for aggravated battery with a firearm1 and attempted first degree murder.2 He alleges he requested his trial attorney to file an appeal, but the attorney faded to do so. This allegation is facially sufficient under Florida Rule of Appellate Procedure 9.140(j)(2)(F),3 but the rule also requires a petition to be filed within two years. However, this rule became effective January 1, 1997, and the time limit created by it commenced with its effective date. Thus this petition is not time…