Gervasoni v. State

Petitioner, Gerald Gervasoni [“Ger-vasoni”], seeks a writ of habeas corpus for belated appeal, claiming ineffective assistance of appellate counsel. He was convicted of second-degree murder and was sentenced as a habitual felony offender to life in prison. The murder was committed in 1986; therefore, the law in effect in 1986 applies, even though Gervasoni absconded and was not charged until 1996. See State v. Smith, 547 So.2d 613 (Fla.1989). In Whitehead v. State, 498 So.2d 863 (Fla. 1986), the Supreme Court of Florida held that under the 1985 version of the sentencing guidelines, defendants…