Legal Opinion

Commack v. State

District Court of Appeal of Florida

Decided September 15, 2006No. 5D06-2990Published

1Per curiam

We deny Petitioner’s request for a belated appeal of his motion for postconviction relief. See Izquierdo v. State, 935 So.2d *11061243 (Fla. 5th DCA 2006) (holding that a defendant is not entitled to a belated appeal of the denial of motion for postconviction relief when he fails to demonstrate that the failure to file a timely appeal was due to state action).

PETITION FOR BELATED APPEAL DENIED.

PLEUS, ORFINGER, and LAWSON, JJ., concur.

2Cases cited1 opinion

  1. Izquierdo v. StateDistrict Court of Appeal of Florida · 2006