Opinion
No. 5D06-3060.
January 19, 2007.
Dana Lincoln, Malone, pro se.
No Appearance for Respondent.
ON MOTION FOR CLARIFICATION
Dana Lincoln (defendant) filed a motion with this court on December 4, 2006. We deem the motion to be a motion for clarification of this court's order dated October 17, 2006, which ruled that the defendant's petition for belated appeal was facially insufficient. We grant the motion and with-draw the October 17, 20 x06 order.
Although the defendant's petition for belated appeal alleges that the defendant had requested his trial counsel to file a notice of appeal on his behalf, the motion does not allege when the defendant made that request. As a result, it is not possible for this court to determine whether the request was timely made. Accordingly, the defendant's motion for belated appeal is facially insufficient.
MOTION GRANTED; PETITION DENIED.
SAWAYA, PALMER, and TORPY, JJ., concur.