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976 So. 2d 1191

Docket No. 5D07-4215.

Counts v. State

Marcus L. COUNTS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida · decided 2008-03-20

Relies on Fuller v. State

Decided 2008-03-20

¶1Marcus L. Counts, Carrabelle, pro se.

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

¶3PER CURIAM.

¶4The petitioner, Marcus L. Counts, seeks a belated appeal, stating that he requested an appeal immediately after sentencing but no appeal was ever filed. Florida Rule of Appellate Procedure 9.141(c)(3)(F) requires the petitioner to assert the specific facts that constitute a basis for entitlement to belated appeal. The instant petition for belated appeal does not contain an oath that the statements are true. Therefore, the petition is dismissed without prejudice for refiling with a proper oath. See Fuller v. State,873 So.2d 1287 (Fla. 5th DCA 2004).

¶5DISMISSED.

¶6GRIFFIN, SAWAYA and ORFINGER, JJ., concur.

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