Owens v. State

Full title: BILLY D. OWENS, Petitioner, v. STATE OF FLORIDA, Respondent.

Court: DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Jun 1, 2012

CASE NO. 1D11-6506 (Fla. Dist. Ct. App. Jun. 1, 2012)

Opinion

CASE NO. 1D11-6506

06-01-2012

BILLY D. OWENS, Petitioner, v. STATE OF FLORIDA, Respondent.

Billy D. Owens, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

PER CURIAM

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

Petition for Belated Appeal -- Original Jurisdiction. Billy D. Owens, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent. PER CURIAM.

The petition for belated appeal is denied. The denial of a motion to dismiss is not an appealable order. See Fla. R. App. P. 9.140(b). As the petition fails to allege that Owens requested that his attorney file an appeal of the judgment and sentence (as opposed to the order denying the motion to dismiss), the petition is denied. BENTON, C.J., THOMAS and SWANSON, JJ., CONCUR.