Opinion
No. 5D07-1993.
September 28, 2007.
Petition for Belated Appeal, a Case of Original Jurisdiction.
Donald E. Sargent, Cross City, pro se.
Bill McCollum, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.
Donald Sargent has filed a petition in this court seeking a writ of habeas corpus requesting a belated appeal. We deny the petition without prejudice to refile a legally sufficient petition. The instant petition, although executed with proper legal formality, fails to allege that Sargent requested his attorney to file an appeal on his behalf in a timely manner. If he failed to make a timely request for an appeal, he is not entitled to receive a belated appeal.
See Fla.R.App.P. 9.141(c)(3)(F). See also Moore v. State, 910 So.2d 947 (Fla. 5th DCA 2005).
Petition for Writ of Habeas Corpus DENIED without prejudice.
PALMER, C.J., SAWAYA and TORPY, JJ., concur.