JEFFERY LAMAR FRAZIER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JEFFERY LAMAR FRAZIER, PETITIONER,
STATE OF FLORIDA, RESPONDENT
944 So. 2d 1035
Florida District Court of Appeal, Fifth District (2006)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Frazier has filed a petition for habeas corpus, seeking a belated appeal. We deny his petition without prejudice to refile a legally sufficient petition. This petition, although executed with proper legal formality, fails to allege that he requested his attorney to file an appeal on his behalf in a timely manner — within 30 days after his criminal judgment was rendered. If he failed to make a timely request for 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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Woods v. State, 974 So. 2d 555 (Fla. 5th DCA 2008)…y without prejudice, the petition seeking a belated appeal. The petition fails to allege that petitioner made a timely request for defense counsel to file a notice of appeal. See Lincoln v. State, 948 So. 2d 77 (Fla. 5th DCA 2007); Frazier v. State, 944 So. 2d 1035 (Fla. 5th DCA 2006). The petition may be amended within thirty days following the date of this opinion. PETITION DENIED. PLEUS, ORFINGER and TORPY, JJ, concur.…
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Jones v. State, 7 So. 3d 597 (Fla. 5th DCA 2009)…y without prejudice, the petition seeking a belated appeal. The petition fails to allege that Petitioner made a timely request for defense counsel to file a notice of appeal. See Lincoln v. State, 948 So. 2d 77 (Fla. 5th DCA 2007); Frazier v. State, 944 So. 2d 1035 (Fla. 5th DCA 2006). The petition may be amended within thirty days following the date of this opinion. PETITION DENIED. PALMER, C.J., ORFINGER and EVANDER, JJ., concur.…
Authorities Cited
- Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005)
- Sanh Luong v. Bachlan Luong, 910 So. 2d 947 (Fla. 2d DCA 2005)