GRIFFIN, J.
Petitioner, Gerald Gervasoni ["Gervasoni"], 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,
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