Florida District Courts of Appeal, 2005

Lewis v. State

Lewis v. State
Florida District Courts of Appeal · Decided August 24, 2005 · Fletcher, Gersten, Wells
908 So. 2d 1173; 2005 Fla. App. LEXIS 13590; 2005 WL 2030320 (Southern Reporter, Second Series)

Lewis v. State

Opinion of the Court

PER CURIAM.

The Petitioner, Stacii Lewis, seeks a belated appeal of an order denying his motion for post conviction relief. We deny the petition without prejudice because it is insufficiently sworn. The Petitioner’s un-notarized oath loosely follows the model declaration set forth in section 92.525, Florida Statutes (2005). However, the Petitioner failed to sign the oath. Accordingly, we deny the petition for belated appeal without prejudice to the Petitioner to file a new petition containing a sufficient oath. Fla. R.App. P. 9.141; Raley v. State, 884 So.2d 501 (Fla. 5th DCA 2004).

Petition denied without prejudice.

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