Florida District Courts of Appeal, 2004

Williams v. State

Williams v. State
Florida District Courts of Appeal · Decided December 30, 2004 · Monaco, Thompson, Torpy
889 So. 2d 1011; 2004 Fla. App. LEXIS 20249 (Southern Reporter, Second Series)

Williams v. State

Opinion of the Court

THOMPSON, J.

Petitioner Allan Williams seeks a belated appeal alleging that he requested his trial counsel to file an appeal after sentencing, but that counsel failed to do so. The petition is not under oath as required by Florida Rule of Appellate Procedure 9.141(c)(3)(F). See Riley v. State, 861 So.2d 1289 (Fla. 5th DCA 2004). We deny the petition without prejudice for Williams to file a properly sworn petition.

Petition DENIED without PREJUDICE.

MONACO and TORPY, JJ., concur.

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