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Florida District Courts of Appeal, 2004

Riley v. State

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)

Riley v. State

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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