Florida District Courts of Appeal, 2010

Ashworth v. State

Ashworth v. State
Florida District Courts of Appeal · Decided August 13, 2010 · Evander, Monaco, Torpy
41 So. 3d 1096; 2010 Fla. App. LEXIS 11770; 2010 WL 3191781 (Southern Reporter, Third Series)

Ashworth v. State

Opinion

PER CURIAM.

Petitioner Donald C. Ashworth entered into a negotiated plea and was sentenced on April 28, 2006. His petition for belated appeal, filed on July 9, 2010, is untimely because it was not filed within the two-year time period and does not meet the requirements of Florida Rule of Appellate Procedure 9.141(c)(4)(A). Therefore, Ash-worth’s petition is dismissed. See Dickson v. State, 22 So.3d 547 (Fla. 2d DCA 2009); Brown v. State, 826 So.2d 1047 (Fla. 5th DCA 2002). While the untimeliness of his petition is dispositive, we note that, additionally, the petition is facially insufficient because it does not comply with Florida Rule of Appellate Procedure 9.141(c)(3), including the fact that it is missing a proper oath, sworn to under penalty of perjury.

DISMISSED.

MONACO, C.J., TORPY and EVANDER, JJ., concur.

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