Billy E. Baker v. State of Florida
This text of Billy E. Baker v. State of Florida (Billy E. Baker v. State of Florida) 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
Third District Court of Appeal State of Florida
Opinion filed June 10, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D26-0549 Lower Tribunal No. 18-CF-97-A-K ________________
Billy E. Baker, Petitioner,
vs.
State of Florida, Respondent.
A Case of Original Jurisdiction – Petition for Belated Appeal.
Billy E. Baker, in proper person.
James Uthmeier, Attorney General, and Yolande M. Samerson, Assistant Attorney General, for respondent.
Before LINDSEY, LOBREE, and GOODEN, JJ.
PER CURIAM. Petitioner Billy E. Baker seeks a belated appeal of the denial of his
Rule 3.850 motion. But his petition was not sworn—as required by Florida
Rule of Appellate Procedure 9.141(c)(4). And so, it is facially insufficient.
Therefore, we deny the petition without prejudice to file a properly sworn
petition. See Adams v. State, 302 So. 3d 851 (Fla. 3d DCA 2020); Green v.
State, 941 So. 2d 1250 (Fla. 5th DCA 2006); Popp v. State, 935 So. 2d 93
(Fla. 5th DCA 2006).
Denied without prejudice.
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