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.