CLIFFORD MILLIKEN, JR., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PER CURIAM.
Clifford Milliken, Jr. seeks a belated appeal. Unfortunately, the petition is facially insufficient. The petition fails to allege that Mr. Milliken made a timely request for an appeal which was not honored by counsel. See Fla. R.App. P. 9.141(c)(3)(F); State v. Trowell, 739 So. 2d 77 (Fla.1999); Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005). Additionally, the oath is legally insufficient because it states that the facts contained in the petition are “true and correct to the best of his knowledge.” See Moore. See also Scott v. State, 464 So. 2d 1171 (Fla.1985). Accordingly, we deny the petition without prejudice to Mr. Milliken to file a new petition containing sufficient allegations and a sufficient oath. See Vasquez v. State, 901 So. 2d 425 (Fla. 5th DCA 2005); Raley v. State, 884 So. 2d 501 (Fla. 5th DCA 2004).
PETITION DENIED WITHOUT PREJUDICE.
PLEUS, C.J., PALMER and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gonzalez v. State, 993 So. 2d 1139 (Fla. 5th DCA 2008)…s to allege that Mr. Gonzalez made a timely request for an appeal which was not honored by counsel. Accordingly, we deny the petition without prejudice to Mr. Gonzalez to file a legally sufficient petition within thirty (30) days. Milliken v. State, 925 So. 2d 1130 (Fla. 5th DCA 2006). Petition DENIED. GRIFFIN, TORPY and EVANDER, JJ., concur.…
Authorities Cited
- Scott v. State, 464 So. 2d 1171 (Fla. 1985)
- State v. Trowell, 739 So. 2d 77 (Fla. 1999)
- Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005)
- Sanh Luong v. Bachlan Luong, 910 So. 2d 947 (Fla. 2d DCA 2005)
- Raley v. State, 884 So. 2d 501 (Fla. 5th DCA 2004)
- Todd v. State, 901 So. 2d 425 (Fla. 5th DCA 2005)
- Vasquez v. State, 901 So. 2d 425 (Fla. 5th DCA 2005)