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MACARTHUR v. MOORE

No. 3D99-3163.

756 So.2d 232 (2000)

Theodore MacARTHUR, Petitioner, v. Michael W. MOORE, Secretary, Florida Department of Corrections, et al., Respondents.

District Court of Appeal of Florida, Third District.

April 26, 2000.

Attorney(s) appearing for the Case

Theodore MacArthur, in proper person.

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for respondents.

Before GODERICH, GREEN, and FLETCHER, JJ.

PER CURIAM.

We deny Theodore MacArthur's petition for writ of habeas corpus. The petition is untimely filed beyond the two-year limitation period imposed by Florida Rule of Appellate Procedure 9.140(j)(3)(B), where the petitioner has not alleged under oath with a specific factual basis that he was affirmatively misled about the results of the appeal by counsel.

"Deficient performance is only the first part of the inquiry, even where petitioner can point to...

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