Florida District Courts of Appeal, 2008

Gonzalez v. State

Gonzalez v. State
Florida District Courts of Appeal · Decided October 31, 2008 · Per Curiam
993 So. 2d 1139; 2008 WL 4753919 (Southern Reporter, Second Series)
Gonzalez v. State

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Opinion

993 So.2d 1139 (2008)

Nelson GONZALEZ, Petitioner,
v.
STATE of Florida, Respondent.

No. 5D08-2731.

District Court of Appeal of Florida, Fifth District.

October 31, 2008.

Nelson Gonzalez, Indiantown, for Petitioner.

No Appearance for Respondent.

PER CURIAM.

Nelson Gonzalez seeks a belated appeal. However, the petition fails to allege that Mr. Gonzalez made a timely request for an appeal which was not honored by counsel. Accordingly, we deny the petition without prejudice to Mr. Gonzalez to file a legally sufficient petition within thirty (30) days. Milliken v. State, 925 So.2d 1130 (Fla. 5th DCA 2006).

Petition DENIED.

GRIFFIN, TORPY and EVANDER, JJ., concur.

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