WYNDER
v.
STATE
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A petition for belated appeal must set forth facts constituting the basis for entitlement and must be sworn to in compliance with Florida Rule of Appellate Procedure 9.141(c)(4)(F).
[1] A petition for belated appeal must comply with Florida Rule of Appellate Procedure 9.141(c)(4)(F) by setting forth factual bases for entitlement to the belated appeal and…
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Join FLexlaw to unlock all legal intelligenceWynder filed a petition seeking a belated appeal. The petition lacked the required factual allegations and was not sworn to as mandated by rule.…
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Third District Court of Appeal
State of Florida
Opinion filed August 8, 2018. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D18-1428 Lower Tribunal No. 13-28458
________________
Michael Roman Wynder,
Petitioner,
vs.
The State of Florida,
Respondent.
A Case of Original Jurisdiction – Belated Appeal.
Michael Roman Wynder, in proper person.
Pamela Jo Bondi, Attorney General, for respondent.
Before LAGOA, LOGUE, and SCALES, JJ.
LAGOA, J.
Michael Wynder (“Wynder”) filed a petition seeking a belated appeal
pursuant to Florida Rule of Appellate Procedure 9.141. The petition, however,
failed to set forth any facts that constitute the basis for entitlement to a belated
appeal as required by Florida Rule of Appellate Procedure 9.141(c)(4)(F).
Additionally, the petition was not sworn to as required by rule 9.141(c)(4)(F).
Accordingly, we deny the petition as facially insufficient. See Gugelman v. State,
940 So. 2d 503, 504 (Fla. 5th DCA 2006); Abbot v. State, 929 So. 2d 723 (Fla. 5th
DCA 2006). The denial is without prejudice to Wynder filing a properly sworn
petition that complies with Florida Rule of Appellate Procedure 9.141(c)(4).
Petition for belated appeal denied without prejudice.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Abbot v. State, 929 So. 2d 723 (Fla. 5th DCA 2006)
- Gugelman v. State, 940 So. 2d 503 (Fla. 5th DCA 2006)