Moises Espinosa v. Secretary, Department of Corrections

WILLIAM PRYOR, Circuit Judge:

The issue in this appeal is whether Mois-és Espinosa’s state petition for belated appeal tolled the one-year limitation period for filing a federal petition for a writ of habeas corpus. A jury convicted Espinosa of two counts of sexual battery on a child and the state intermediate appellate court affirmed. Espinosa moved for state post-conviction relief, and the state trial court dismissed his motion for failure to state a claim. When Espinosa appealed that dismissal several months later, the state appellate court ruled that his appeal was untimely, treated his…