Riley v. State

861 So. 2d 1289, 2004 Fla. App. LEXIS 80, 2004 WL 40626
District Court of Appeal of Florida·Decided January 9, 2004·No. No. 5D03-3808·Published·Cited by 2 cases

Opinion

PER CURIAM.

The petition for belated appeal is facially insufficient because it was not made under oath. See Fla. RApp. P. 9.141(c)(3)(F). Therefore, the petition is denied without prejudice for the petitioner to refile a proper sworn petition. See Ezell v. State, 778 So.2d 1071 (Fla. 5th DCA 2001); 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.

THOMPSON, PALMER, and ORFINGER, JJ., concur.

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Riley v. State, 861 So. 2d 1289, 2004 Fla. App. LEXIS 80, 2004 WL 40626 (Fla. Ct. App. 2004).

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