Public-domain · open source
OpenJurist

957 So. 2d 716

Docket No. 5D07-255.

Russell v. State

James A. RUSSELL, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida · decided 2007-06-08

Relies on 935 So. 2d 1243 - Izquierdo v. State

Decided 2007-06-08

¶1James A. Russell, Lake City, pro se.

¶2Bill McCollum, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.

¶3PER CURIAM.

¶4James A. Russell petitions for a belated appeal to examine the denial of his post-conviction relief motion. We deny Russell's request because he has not alleged a valid reason for obtaining relief; his petition is legally insufficient. See Izquierdo v. State,935 So.2d 1243, 1245 (Fla. 5th DCA 2006) (holding a defendant is not entitled to a belated appeal for the denial of a motion for post-conviction relief when he fails to demonstrate that the failure to *717 file a timely appeal was due to State action).

¶5PETITION DENIED.

¶6THOMPSON, MONACO and TORPY, JJ., concur.

/957/so2d/716 · .json · Public domain