Fuller v. State

Michael A. FULLER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida

Decided June 4, 2004.

District Court of Appeal of Florida · decided 2004-06-04

Cited by 1 later decisions — most recently March 2008

1 state decisions

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Decided 2004-06-04

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¶1Michael A. Fuller, Avon Park, pro se.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.

¶3 *1288 PER CURIAM.

¶4Petitioner seeks a belated appeal, stating that he requested an appeal during sentencing but no appeal was ever filed. Florida Rule of Appellate Procedure 9.141(c)(3)(F) requires the specific facts providing a basis for a belated appeal to be sworn to by the petitioner. The instant petition for belated appeal does not contain an oath that the statements are true. Therefore, the petition is dismissed without prejudice to refiling with a proper oath.

¶5DISMISSED.

¶6PLEUS, PALMER and TORPY, JJ., concur.