JOHN J. DIGLIO
v.
STATE OF FLORIDA
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A petitioner seeking belated appeal must allege both that he made a timely request of counsel to file an appeal and that counsel failed to do so.
[1] To obtain a belated appeal, a petitioner must allege that counsel was timely requested to file an appeal and failed to do so.
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Join FLexlaw to unlock all legal intelligencePetitioner John J. Diglio filed a petition for belated appeal in the Florida District Court of Appeal, First District. Diglio proceeded pro se in seek…
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Petition for Belated Appeal—Original Jurisdiction.
October 15, 2018 PER CURIAM.
The petition for belated appeal is denied as the Petitioner fails to allege that he made a timely request of counsel to file an appeal on his behalf and that counsel failed to do so. See State v. Trowell, 739 So. 2d 77 (Fla. 1999).
ROBERTS, ROWE, and RAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ John J. Diglio, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.