Murphy v. State

Full title: Eddie J. MURPHY, Petitioner, v. STATE of Florida, Respondent

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 16, 2005

915 So. 2d 782 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D05-3767.

December 16, 2005.

Petition for Belated Appeal, A Case of Original Jurisdiction.

Eddie J. Murphy, Chipley, pro se.

No Appearance for Respondent.

PER CURIAM.

Murphy petitions this court for a writ of habeas corpus, seeking a belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). He alleges he advised his counsel to file a notice of appeal, but counsel failed to do so. Although his petition is signed, it lacks a statement that it is made by Murphy under oath or penalty of perjury. See Fla.R.App.P. 9.141(c)(3)F. Accordingly, we deny the petition, without prejudice for Murphy to refile a properly sworn petition. See Ezell v. State, 778 So.2d 1071 (Fla. 5th DCA 2001).

Petition for Writ of Habeas Corpus DENIED.

SHARP, W., SAWAYA and PALMER, JJ., concur.