Garcia v. State

Full title: Richard GARCIA, Petitioner, v. The STATE of Florida, Respondent.

Court: District Court of Appeal of Florida, Third District.

Date published: Jul 31, 2019

278 So. 3d 212 (Fla. Dist. Ct. App. 2019)

Opinion

No. 3D19-1167

07-31-2019

Richard GARCIA, Petitioner, v. The STATE of Florida, Respondent.

Richard Garcia, in proper person. Ashley Moody, Attorney General, for respondent the State of Florida.

PER CURIAM.

Richard Garcia, in proper person.

Ashley Moody, Attorney General, for respondent the State of Florida.

Before SALTER, MILLER, and GORDO, JJ.

PER CURIAM.

Petitioner, Richard Garcia, seeks a belated appeal of an order denying his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850.¹ "Accepting his allegations as true, he has not alleged a valid reason for obtaining a belated appeal." Izquierdo v. State, 935 So. 2d 1243, 1245 (Fla. 5th DCA 2006) (citing Dalzell v. State, 922 So. 2d 247 (Fla. 5th DCA 2006) (holding that, in a belated appeal proceeding, the burden shifts to the State to respond only if the petitioner files a legally sufficient petition)); Fla. R. App. P. 9.141(c)(4) ; see also Cannon v. State, 763 So. 2d 1289 (Fla. 5th DCA 2000) (disallowing belated appeal where petitioner's right to appeal was not frustrated by state action). Accordingly, we deny the petition.

1 We treat the instant notice of belated appeal as a petition seeking belated appeal. See Fla. R. App. P. 9.040(c) & 9.141(c)(2) ; Robinson v. State, 981 So. 2d 1214 (Fla. 3d DCA 2008).

Denied.