RICHARD GARCIA
v.
THE STATE OF FLORIDA
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PER CURIAM.
Petitioner, Richard Garcia, seeks a belated appeal of an order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.1 “Accepting his allegations as true, he has not alleged a valid reason for obtaining a belated appeal.” Izquierdo v. State, 935 So. 2d 1243, 1245 (Fla. 5th DCA 2006) (citing Dalzell v. State, 922 So. 2d 247 (Fla. 5th DCA 2006) (holding that, in a belated appeal proceeding, the burden shifts to the State to respond only if the petitioner files a legally sufficient petition)); Fla. R. App. P. 9.141(c)(4); see also Cannon v. State, 763 So. 2d 1289 (Fla. 5th DCA 2000) (disallowing belated appeal where petitioner’s right to appeal was not frustrated by state action). Accordingly, we deny the petition.
Denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dalzell v. State, 922 So. 2d 247 (Fla. 5th DCA 2006)
- Izquierdo v. State, 935 So. 2d 1243 (Fla. 5th DCA 2006)
- Cannon v. State, 763 So. 2d 1289 (Fla. 5th DCA 2000)