Florida District Courts of Appeal, 2006

Commack v. State

Commack v. State
Florida District Courts of Appeal · Decided September 15, 2006 · Lawson, Orfinger, Pleus
939 So. 2d 1105; 2006 Fla. App. LEXIS 15246; 2006 WL 2632315 (Southern Reporter, Second Series)

Commack v. State

Opinion of the Court

PER CURIAM.

We deny Petitioner’s request for a belated appeal of his motion for postconviction relief. See Izquierdo v. State, 935 So.2d *11061243 (Fla. 5th DCA 2006) (holding that a defendant is not entitled to a belated appeal of the denial of motion for postconviction relief when he fails to demonstrate that the failure to file a timely appeal was due to state action).

PETITION FOR BELATED APPEAL DENIED.

PLEUS, ORFINGER, and LAWSON, JJ., concur.

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