ANTHONY POPP, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
THOMPSON, J.
Anthony Popp seeks a belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). Popp’s counsel states in the unsworn petition that Popp requested an appeal immediately after he was convicted of felony traffic charges. However, due to construction and renovation of counsel’s office, the notice of appeal was not filed as requested. Because the petition was not sworn to as required by Florida Rule of Appellate Procedure 9.141(c)(3)(F), we deny the petition because it is facially insufficient. See Abbot v. State, 929 So. 2d 723, 723 (Fla. 5th DCA 2006); Cosby v. State, 911 So. 2d 275, 275 (Fla. 5th DCA 2005). The denial is without prejudice to Popp to file a facially sufficient sworn petition.
Petition for Belated Appeal DENIED.
SAWAYA and LAWSON, JJ., concur.
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Citator
Cited By
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Erice Green v. State, 941 So. 2d 1250 (Fla. 5th DCA 2006)…on for a sufficient unnotarized oath. When a petition for belated appeal is not properly sworn, it is subject to denial as facially insufficient, but without prejudice to the petitioner filing a facially sufficient sworn petition. See Popp v. State, 935 So. 2d 93 (Fla. 5th DCA 2006) (when petition for belated appeal was not sworn to, petition would be denied as facially insufficient, without prejudice to file a facially sufficient sworn petition); Abbot v. State, 929 So. 2d 723 (Fla. 5th DCA 2006) (petition…
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Gonzalez v. State, 938 So. 2d 641 (Fla. 5th DCA 2006)…rt for a belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). Because the petition was not sworn as required by Florida Rule of Appellate Procedure 9.141(c)(3)(F), we deny his petition as facially insufficient. See Popp v. State, 935 So. 2d 93 (Fla. 5th DCA 2006) (stating when a petition for belated appeal is un-sworn, it would be denied as facially insufficient, without prejudice to file a facially sufficient sworn petition); Abbot v. State, 929 So. 2d 723 (Fla. 5th DCA 2006); Cosby v. S…
Authorities Cited
- Abbot v. State, 929 So. 2d 723 (Fla. 5th DCA 2006)
- Cosby v. State, 911 So. 2d 275 (Fla. 5th DCA 2005)