Abbot v. State
This text of 929 So. 2d 723 (Abbot v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Erik T. ABBOT, Petitioner,
v.
STATE of Florida, Respondent.
District Court of Appeal of Florida, Fifth District.
Erik T. Abott, Jasper, for Petitioner.
No Appearance for Respondent.
PER CURIAM.
Abbot petitions this court for a belated appeal. We deny his petition without prejudice. To the extent Abbot claims ineffective assistance of counsel, he must pursue these claims by filing a motion pursuant to Florida Rule of Criminal Procedure 3.850 in the trial court. To the extent that he seeks a belated appeal, his pleading is insufficient because his petition is unsworn. See Fla. R.App. P. 9.141(c)(3)(F); Cosby v. State, 911 So.2d 275 (Fla. 5th DCA 2005).
Petition for Belated Appeal DENIED Without Prejudice.
SHARP, W., SAWAYA and MONACO, JJ., concur.
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929 So. 2d 723, 2006 WL 1459852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abbot-v-state-fladistctapp-2006.