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944 So. 2d 1035

Docket No. 5D06-2039.

Frazier v. State

Jeffery Lamar FRAZIER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida · decided 2006-07-07

Cited by 2 later decisions — most recently March 2009

2 state decisions

Relies on Moore v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-07-07

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¶1Jeffrey L. Frazier, Jasper, pro se.

¶2No Appearance for Respondent.

¶3PER CURIAM.

¶4Frazier has filed a petition for habeas corpus, seeking a belated appeal. We deny his petition without prejudice to refile a legally sufficient petition. This petition, although executed with proper legal formality, fails to allege that he requested his attorney to file an appeal on his behalf in a timely manner — within 30 days after his criminal judgment was rendered. If he failed to make a timely request for an appeal,[1] he is not entitled to a belated appeal.

¶5Petition for Writ of Habeas Corpus DENIED without prejudice.

¶6PLEUS, C.J., and LAWSON, J., and SHARP, W., Senior Judge, concur.

NOTES

¶7[1] See Fla. R.App. P. 9.141(c)(3)(F). See also Moore v. State,910 So.2d 947 (Fla. 5th DCA 2005).

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