Thompson v. State

Full title: ALLEN MAURICE THOMPSON, Petitioner, v. STATE OF FLORIDA, Respondent

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 9, 2005

Case No. 5D05-3885 (Fla. Dist. Ct. App. Dec. 9, 2005)

Opinion

Case No. 5D05-3885.

Opinion filed December 9, 2005.

Petition Alleging Ineffectiveness of Appellate Counsel, A Case of Original Jurisdiction.

Allen Maurice Thompson, Mayo, pro se.

No Appearance for Respondent.

MONACO, J.

The petitioner, Allen Maurice Thompson, seeks a writ of habeas corpus alleging ineffective assistance of appellate counsel. See Fla.R.App.P. 9.141(c). The petition, however, is legally insufficient. Although the petition is signed, it fails to contain a statement of facts "sworn to by the petitioner or petitioner's counsel" that constitutes the alleged basis for the petition. See Fla.R.App.P. 9.141(c)(3) (F.). The petition is, therefore, denied without prejudice to allow Mr. Thompson to refile a properly sworn petition. See Ezell v. State, 778 So. 2d 1071 (Fla. 5th DCA 2001).

DENIED.

GRIFFIN and TORPY, JJ., concur.