Gonzalez v. State

Nelson GONZALEZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida

Decided October 31, 2008.

District Court of Appeal of Florida · decided 2008-10-31

Relies on Milliken v. State

Decided 2008-10-31

¶1Nelson Gonzalez, Indiantown, for Petitioner.

¶2No Appearance for Respondent.

¶3PER CURIAM.

¶4Nelson Gonzalez seeks a belated appeal. However, the petition fails to allege that Mr. Gonzalez made a timely request for an appeal which was not honored by counsel. Accordingly, we deny the petition without prejudice to Mr. Gonzalez to file a legally sufficient petition within thirty (30) days. Milliken v. State,925 So.2d 1130 (Fla. 5th DCA 2006).

¶5Petition DENIED.

¶6GRIFFIN, TORPY and EVANDER, JJ., concur.