CHRISTOPHER MOORE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Christopher Moore petitions for a writ of habeas corpus to allow a belated appeal. We deny the petition without prejudice.
Moore’s petition alleges that his counsel “was to file necessary documents” for his appeal. However, he does not allege that he made a timely request for an appeal that was not honored by counsel. See Fla. R.App. P. 9.141(c)(3)(F). This Court may “grant a petition seeking a belated appeal if the defendant alleges that a timely request of counsel to file the notice of appeal was made and that counsel failed to do so.” State v. Trowell, 739 So. 2d 77, 81 (Fla.1999) (emphasis added). Additionally, Moore’s oath is legally insufficient as he states that his representations are “true and correct to the best of [his] knowledge.” See Cherryhomes v. State, 857 So. 2d 277, 277 n. 1 (Fla. 2d DCA 2003) (finding that defendant’s affirmation that statement made in rule 3.850 motion are true “to the best of my knowledge and belief’ does not constitute an adequate oath).
For these reasons, we deny Moore’s petition seeking a belated appeal but without prejudice to file one that is legally sufficient.
PETITION DENIED.
PLEUS, C.J., ORFINGER and MONACO, JJ., concur.
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Gonzalez v. State, 991 So. 2d 971 (Fla. 5th DCA 2008)…ow a belated appeal. We deny the petition without prejudice because the petition’s oath is deficient. An affirmation that the statements made in the petition are “true and correct to the best of my knowledge” is not an adequate oath. Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005). Gonzalez shall have thirty (30) days in which to file a legally sufficient amended petition. Petition for Writ of Habeas Corpus DENIED. GRIFFIN, TORPY and EVANDER, JJ., concur.…
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Gugelman v. State, 940 So. 2d 503 (Fla. 5th DCA 2006)…light of his trial counsel’s conduct. However, nowhere in the instant petition does Gugelman allege that [*504] he timely requested his trial counsel to appeal and trial counsel failed to do so as required by rule 9.141(c)(3)(F). See Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005). Additionally, the petition was not sworn to as required by Florida Rule of Appellate Procedure 9.141(c)(3)(F). Therefore, we deny the petition because it is facially insufficient. See Abbot v. State, 929 So. 2d 723, 723 (Fla.…
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Frazier v. State, 944 So. 2d 1035 (Fla. 5th DCA 2006)…r an appeal,1 he is not entitled to a belated appeal. Petition for Writ of Habeas Corpus DENIED without prejudice. PLEUS, C.J., and LAWSON, J., and SHARP, W., Senior Judge, concur. . See Fla. R.App. P. 9.141(c)(3)(F). See also Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005).…
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- State v. Trowell, 739 So. 2d 77 (Fla. 1999)
- Allen v. State, 857 So. 2d 277 (Fla. 2d DCA 2003)