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Murphy v. State

915 So. 2d 782, 2005 Fla. App. LEXIS 19951, 2005 WL 3439994
Procedural entryThis page is a short order in Murphy v. State. Read the opinion of the Court — 898 So. 2d 1031 →
District Court of Appeal of Florida·Decided December 16, 2005·No. No. 5D05-3767·Published

Opinion

PER CURIAM.

Murphy petitions this court for a writ of habeas corpus, seeking a belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). He alleges he advised his counsel to file a notice of appeal, but counsel failed to do so. Although his petition is signed, it lacks a statement that it is made by Murphy under oath or penalty of perjury. See Fla. R.App. P. 9.141(c)(3)F. Accordingly, we deny the petition, without prejudice for Murphy to refile a properly sworn petition. See Ezell v. State, 778 So.2d 1071 (Fla. 5th DCA 2001).

[783]*783Petition for Writ of Habeas Corpus DENIED.

SHARP, W„ SAWAYA and PALMER, JJ., concur.

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Murphy v. State, 915 So. 2d 782, 2005 Fla. App. LEXIS 19951, 2005 WL 3439994 (Fla. Ct. App. 2005).

915 So. 2d 782 (Murphy v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Ezell v. State
778 So. 2d 1071 (District Court of Appeal of Florida, 2001)