Legal Opinion

Davis v. State

District Court of Appeal of Florida

Decided October 8, 2010No. 5D10-2261Published

1Per curiam

The petition for belated appeal is denied. The appointed commissioner found that the credible evidence rebutted petitioner’s form allegations, relying on the written plea agreement, the plea and sentencing transcript, the testimony of trial counsel, and post-trial letters from petitioner to trial counsel.

*541Petitioners are cautioned about attempting to mislead this court. See, e.g., Svoboda v. State, 932 So.2d 545, 546-47 (Fla. 5th DCA 2006) (petitioner who lied under oath at commissioner’s hearing had request for belated appeal denied and certified copy of the opinion was forwarded to…

2Cases cited2 opinions

  1. Svoboda v. StateDistrict Court of Appeal of Florida · 2006
  2. Adair v. StateDistrict Court of Appeal of Florida · 2009

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