GREGORY L. EZELL, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Cosby v. State, 911 So. 2d 275 (Fla. 5th DCA 2005)
  …in his criminal case, 02-CF-2531, after being requested to do so. We deny the petition because it was not sworn to by Cosby, as required by law. See Fla. R.App. P. 9.141(C)(3)(f); Brooks v. State, 816 So. 2d 199 (Fla. 1st DCA 2002); Ezell v. State, 778 So. 2d 1071 (Fla. 5th DCA 2001). A petition for belated appeal must state specific facts which establish prima facie denial of effective assistance of counsel and it must be sworn to. Cosby attached to his petition an “affidavit of facts,” which set forth som…
• Williams v. Cir. Court, 862 So. 2d 887 (Fla. 5th DCA 2003)
  …said document shall be furnished by-the clerk of court to the applicant free of charge and without delay.” Under this statute, Williams would not be entitled to free certified copies of the other documents he lists in his petition. Lane v. Gardner, 778 So. 2d 1071 (Fla. 5th DCA 2001). When Williams made his document request, the -clerk of the circuit court responded with an all-purpose form letter, which includes the following: “If you are requesting information regarding ciernen- [*888] cy, you need to pro…
• Dantrell Deon Riley v. State, 861 So. 2d 1289 (Fla. 5th DCA 2004)
  …petition for belated appeal is facially insufficient because it was not made under oath. See Fla. RApp. P. 9.141(c)(3)(F). Therefore, the petition is denied without prejudice for the petitioner to refile a proper sworn petition. See Ezell v. State, 778 So. 2d 1071 (Fla. 5th DCA 2001); Harris v. State, 769 So. 2d 529 (Fla. 5th DCA 2000); Hall v. State, 746 So. 2d 544 (Fla. 5th DCA 1999). Petition DENIED without PREJUDICE. THOMPSON, PALMER, and ORFINGER, JJ., concur.…

Authorities Cited

• Rondale Hall v. State, 746 So. 2d 544 (Fla. 5th DCA 1999)
• Laron Harris v. State, 769 So. 2d 529 (Fla. 5th DCA 2000)