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Sweeting v. State

District Court of Appeal of Florida, Fifth District
May 6, 2005
900 So. 2d 780 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D05-983.

May 6, 2005.

Petition for Belated Appeal, A Case of Original Jurisdiction.

Samuel Carl Sweeting, Pro Se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.


While it is difficult to tell from the petition filed with this court, it appears that the petitioner is seeking review of an order of the trial court denying his motion for a DNA evidence examination. The petition is, however, facially insufficient in that it fails to comply with the requirements of Florida Rule of Appellate Procedure 9.141(c)(3), and must, accordingly, be dismissed. The dismissal is without prejudice so that the petitioner may attempt to file a facially sufficient petition.

DISMISSED.

SAWAYA, C.J., THOMPSON and MONACO, JJ., concur.


Summaries of

Sweeting v. State

District Court of Appeal of Florida, Fifth District
May 6, 2005
900 So. 2d 780 (Fla. Dist. Ct. App. 2005)
Case details for

Sweeting v. State

Case Details

Full title:Samuel Carl SWEETING, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: May 6, 2005

Citations

900 So. 2d 780 (Fla. Dist. Ct. App. 2005)