Opinion
No. 5D06-2039.
July 7, 2006.
Petition for Belated Appeal, A Case of Original Jurisdiction.
Jeffrey L. Frazier, Jasper, pro se.
No Appearance for Respondent.
Frazier has filed a petition for habeas corpus, seeking a belated appeal. We deny his petition without prejudice to refile a legally sufficient petition. This petition, although executed with proper legal formality, fails to allege that he requested his attorney to file an appeal on his behalf in a timely manner — within 30 days after his criminal judgment was rendered. If he failed to make a timely request for an appeal, he is not entitled to a belated appeal.
See Fla.R.App.P. 9.141(c)(3)(F). See also Moore v. State, 910 So.2d 947 (Fla. 5th DCA 2005).
Petition for Writ of Habeas Corpus DENIED without prejudice.
PLEUS, C.J., and LAWSON, J., and SHARP, W., Senior Judge, concur.