Williams v. State

Full title: Allan L. WILLIAMS, Petitioner, v. STATE of Florida, Respondent

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 30, 2004

889 So. 2d 1011 (Fla. Dist. Ct. App. 2004)

Opinion

No. 4D04-3667.

December 30, 2004.

Petition for Belated Appeal, A Case of Original Jurisdiction.

Allan L. Williams, Cross City, pro se.

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

THOMPSON, J.

Petitioner Allan Williams seeks a belated appeal alleging that he requested his trial counsel to file an appeal after sentencing, but that counsel failed to do so. The petition is not under oath as required by Florida Rule of Appellate Procedure 9.141(c)(3)(F). See Riley v. State, 861 So.2d 1289 (Fla. 5th DCA 2004). We deny the petition without prejudice for Williams to file a properly sworn petition.

Petition DENIED without PREJUDICE.

MONACO and TORPY, JJ., concur.