Ezell v. State
This text of 778 So. 2d 1071 (Ezell 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
Gregory L. EZELL, Petitioner,
v.
STATE of Florida, Respondent.
District Court of Appeal of Florida, Fifth District.
Gregory L. Ezell, Crawfordville, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.
PER CURIAM.
The pro se petition for belated appeal is facially insufficient because it was not made under oath. See Fla. R.App. P. 9.141(c)(3)(F). Therefore, the petition is denied without prejudice for the petitioner to refile a proper sworn petition. See Harris v. State, 769 So.2d 529 (Fla. 5th DCA 2000); Hall v. State, 746 So.2d 544 (Fla. 5th DCA 1999).
PETITION DENIED WITHOUT PREJUDICE.
COBB, GRIFFIN and SAWAYA, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
778 So. 2d 1071, 2001 WL 201961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ezell-v-state-fladistctapp-2001.