ORLANDO COTTO-MARCANO, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Orlando Cotto-Marcano seeks a belated appeal pursuant to Florida Rule of Appellate Procedure 9.141. However, nowhere in the instant petition does Cotto-Marcano allege that he timely requested that his trial counsel appeal and trial counsel failed to do so as required by rule 9.141(c)(3)(F).
Additionally, the petition was not sworn to as required by Florida Rule of Appellate Procedure 9.141(c)(3)(F). An affirmation that the statements made in the petition are “true and correct to the best of my knowledge” is not an adequate oath. See Moore v. State, 910 So.2d 947 (Fla. 5th DCA 2005).
Therefore, 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). Cotto-Marcano shall have thirty (30) days in which to file a legally sufficient amended petition.
PETITION DENIED WITHOUT PREJUDICE.
MONACO, C.J., GRIFFIN and LAWSON, JJ., concur.
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W.S.G. v. State, 32 So. 3d 725 (Fla. 2d DCA 2010)…d in his motion that the juvenile court erred by entering one order of commitment in two separate cases. We find this was also error because under then-existing rule 8.115(c), “[ejach case requires a separate disposition order.”1 See A.R. v. State, 27 So. 3d 774, 775 (Fla. 2d DCA 2010); G.V. v. State, 863 So. 2d 1271, 1272 (Fla. 2d DCA 2004). Accordingly, we reverse the original disposition order and remand to the juvenile court for the entry of new, separate disposition oz'ders in each case that properly r…
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T. C. v. State (Fla. 2d DCA 2020)…ecause they were entered more than thirty days after T.C.'s motion was filed. See Fla. R. Juv. P. 8.135(b)(2)(B), (b)(1)(B) (requiring the trial court to file an order on the motion within thirty days or the motion is deemed denied); A.R. v. State, 27 So. 3d 774, 775 (Fla. 2d DCA 2010). Accordingly, we reverse the order of probation and remand for the trial court to enter a new order of probation and a new order for legal services. Affirmed in part; reversed in part; remanded. NORTHCUTT and SLEET, JJ., Con…
Authorities Cited
- Abbot v. State, 929 So. 2d 723 (Fla. 5th DCA 2006)
- Cosby v. State, 911 So. 2d 275 (Fla. 5th DCA 2005)
- Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005)
- Sanh Luong v. Bachlan Luong, 910 So. 2d 947 (Fla. 2d DCA 2005)