Tisdale v. State

Full title: Baxter Tisdale, Petitioner, v. The State of Florida, Respondent.

Court: Third District Court of Appeal State of Florida

Date published: May 14, 2014

No. 3D14-219 (Fla. Dist. Ct. App. May. 14, 2014)

Opinion

No. 3D14-219 Lower Tribunal No. 12-19549

05-14-2014

Baxter Tisdale, Petitioner, v. The State of Florida, Respondent.

Baxter Tisdale, in proper person. Pamela Jo Bondi, Attorney General, for respondent.

SUAREZ

Not final until disposition of timely filed motion for rehearing.

Petition for Belated Appeal - Original Jurisdiction.

Baxter Tisdale, in proper person.

Pamela Jo Bondi, Attorney General, for respondent. Before WELLS, SUAREZ, and LAGOA, JJ.

SUAREZ, J.

Baxter Tisdale seeks a belated appeal of his conviction and sentence. We conclude that Tisdale's petition is facially insufficient. Tisdale has failed to show that he is entitled to receive a belated appeal because he has not specifically alleged that he timely requested counsel to file an appeal or even advised trial counsel that an appeal had been filed, so that trial counsel could file a motion for appointment of appellate counsel. Therefore, the petition is denied without prejudice to Tisdale filing a facially sufficient petition. State v. Trowell, 739 So. 2d 77 (Fla. 1999).