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Ashworth v. State

District Court of Appeal of Florida, Fifth District
Aug 13, 2010
41 So. 3d 1096 (Fla. Dist. Ct. App. 2010)

Opinion

No. 5D10-2355.

August 13, 2010.

Petition for Belated Appeal, A Case of Original Jurisdiction.

Donald C. Ashworth, Daytona Beach, pro se.

No appearance for Respondent.


Petitioner Donald C. Ashworth entered into a negotiated plea and was sentenced on April 28, 2006. His petition for belated appeal, filed on July 9, 2010, is untimely because it was not filed within the two-year time period and does not meet the requirements of Florida Rule of Appellate Procedure 9.141(c)(4)(A). Therefore, Ashworth's petition is dismissed. See Dickson v. State, 22 So.3d 547 (Fla. 2d DCA 2009); Brown v. State, 826 So.2d 1047 (Fla. 5th DCA 2002). While the untimeliness of his petition is dispositive, we note that, additionally, the petition is facially insufficient because it does not comply with Florida Rule of Appellate Procedure 9.141(c)(3), including the fact that it is missing a proper oath, sworn to under penalty of perjury.

DISMISSED.

MONACO, C.J., TORPY and EVANDER, JJ., concur.


Summaries of

Ashworth v. State

District Court of Appeal of Florida, Fifth District
Aug 13, 2010
41 So. 3d 1096 (Fla. Dist. Ct. App. 2010)
Case details for

Ashworth v. State

Case Details

Full title:Donald ASHWORTH, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 13, 2010

Citations

41 So. 3d 1096 (Fla. Dist. Ct. App. 2010)