Florida District Courts of Appeal, 2014

Tisdale v. State

Tisdale v. State
Florida District Courts of Appeal · Decided May 14, 2014 · Lagoa, Suarez, Wells
140 So. 3d 652; 2014 WL 1921662; 2014 Fla. App. LEXIS 7132 (Southern Reporter, Third Series)

Tisdale v. State

Opinion of the Court

SUAREZ, J.

Baxter Tisdale seeks a belated appeal of his conviction and sentence. We conclude that Tisdale’s petition is facially insufficient. Tisdale has failed to show that he is entitled to receive a belated appeal because he has not specifically alleged that he timely requested counsel to file an appeal or even advised trial counsel that an appeal had been filed, so that trial counsel could file a motion for appointment of appellate counsel. Therefore, the petition is denied without prejudice to Tisdale filing a facially sufficient petition. State v. Trowell, 739 So.2d 77 (Fla. 1999).

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