JAMES A. RUSSELL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2007-06-08
No. 5D07-255
THOMPSON, MONACO and TORPY, JJ., concur.
957 So. 2d 716 Florida District Court of Appeal, Fifth District (2007)

Opinion of the Court
PER CURIAM.

PER CURIAM.

James A. Russell petitions for a belated appeal to examine the denial of his post-conviction relief motion. We deny Russell’s request because he has not alleged a valid reason for obtaining relief; his petition is legally insufficient. See Izquierdo v. State, 935 So. 2d 1243, 1245 (Fla. 5th DCA 2006) (holding a defendant is not entitled to a belated appeal for the denial of a motion for post-conviction relief when he fails to demonstrate that the failure to file a timely appeal was due to State action).

PETITION DENIED.

THOMPSON, MONACO and TORPY, JJ., concur.


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