Florida District Courts of Appeal, 2004

Riley v. State

Florida District Courts of Appeal · Decided January 9, 2004 · Orfinger, Palmer, Thompson

861 So. 2d 1289; 2004 Fla. App. LEXIS 80; 2004 WL 40626 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Glenn v. State (Fla. Dist. Ct. App. 2004)
Williams v. State (Fla. Dist. Ct. App. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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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