Florida District Courts of Appeal, 2007

Russell v. State

Russell v. State
Florida District Courts of Appeal · Decided June 8, 2007 · Per Curiam
957 So. 2d 716; 2007 WL 1647833 (Southern Reporter, Second Series)

Russell v. State

Opinion

957 So.2d 716 (2007)

James A. RUSSELL, Petitioner,
v.
STATE of Florida, Respondent.

No. 5D07-255.

District Court of Appeal of Florida, Fifth District.

June 8, 2007.

James A. Russell, Lake City, pro se.

Bill McCollum, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

James A. Russell petitions for a belated appeal to examine the denial of his post-conviction relief motion. We deny Russell's request because he has not alleged a valid reason for obtaining relief; his petition is legally insufficient. See Izquierdo v. State, 935 So.2d 1243, 1245 (Fla. 5th DCA 2006) (holding a defendant is not entitled to a belated appeal for the denial of a motion for post-conviction relief when he fails to demonstrate that the failure to *717 file a timely appeal was due to State action).

PETITION DENIED.

THOMPSON, MONACO and TORPY, JJ., concur.

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