BILLY E. BAKER
v.
STATE OF FLORIDA
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A petition for belated appeal must be sworn under Florida Rule of Appellate Procedure 9.141(c)(4), and failure to do so renders the petition facially insufficient.
[1] A petition for belated appeal must be sworn in compliance with Florida Rule of Appellate Procedure 9.141(c)(4), and failure to include a sworn verification renders the pe…
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Join FLexlaw to unlock all legal intelligenceBilly E. Baker sought a belated appeal of the denial of his Rule 3.850 motion in a criminal case. His petition was filed without being sworn.…
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Third District Court of Appeal
State of Florida
Opinion filed June 10, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D26-0549
Lower Tribunal No. 18-CF-97-A-K
Billy E. Baker,
Petitioner,
VS.
State of Florida,
Respondent. A Case of Original Jurisdiction – Petition for Belated Appeal. Billy E. Baker, in proper person. James Uthmeier, Attorney General, and Yolande M. Samerson, Assistant Attorney General, for respondent. Before LINDSEY, LOBREE, and GOODEN, JJ. PER CURIAM. Petitioner Billy E. Baker seeks a belated appeal of the denial of his Rule 3.850 motion. But his petition was not sworn—as required by Florida Rule of Appellate Procedure 9.141(c)(4). And so, it is facially insufficient. Therefore, we deny the petition without prejudice to file a properly sworn petition. See Adams v. State, 302 So. 3d 851 (Fla. 3d DCA 2020); Green v. State, 941 So. 2d 1250 (Fla. 5th DCA 2006); Popp v. State, 935 So. 2d 93 (Fla. 5th DCA 2006). Denied without prejudice.