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Poole v. State

District Court of Appeal of Florida, Fifth District
Nov 10, 2005
914 So. 2d 497 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D05-3007.

November 10, 2005.

Petition for Belated Appeal, A Case of Original Jurisdiction.

Bradley S. Sherman, DeLand, for Petitioner.

Charles J. Crist, Jr., Attorney General, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.


Petitioner seeks a belated appeal. However, the petition is not properly given under oath and fails to allege that Petitioner requested his counsel to proceed with an appeal. Therefore, the petition is not facially sufficient and is denied without prejudice for defendant to file a sufficient petition.

SHARP, W., PETERSON and TORPY, JJ., concur.


Summaries of

Poole v. State

District Court of Appeal of Florida, Fifth District
Nov 10, 2005
914 So. 2d 497 (Fla. Dist. Ct. App. 2005)
Case details for

Poole v. State

Case Details

Full title:Nathaniel POOLE, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 10, 2005

Citations

914 So. 2d 497 (Fla. Dist. Ct. App. 2005)