Legal Opinion

Grant v. State

District Court of Appeal of Florida

Decided June 25, 2004No. 5D04-1628Published

1Per curiam

The petition for belated appeal is facially insufficient because it was not made under oath. Fla. R.App. P. 9.141(c)(3)(F). Therefore, the petition is denied without prejudice for the petitioner to refile a proper sworn petition. Riley v. State, 866 So.2d 779 (Fla. 5th DCA 2004); Ezell v. State, 778 So.2d 1071 (Fla. 5th DCA 2001); Harris v. State, 769 So.2d 529 (Fla. 5th DCA 2000).

PETITION DENIED WITHOUT PREJUDICE.

SAWAYA, C.J., SHARP, W., and THOMPSON, JJ., concur.

2Cases cited3 opinions

  1. Ezell v. StateDistrict Court of Appeal of Florida · 2001
  2. Harris v. StateDistrict Court of Appeal of Florida · 2000
  3. Riley v. StateDistrict Court of Appeal of Florida · 2004