RONDALE HALL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 1999-12-10
No. 99-2583
ANTOON, C.J., and W. SHARP, J., concur.
746 So. 2d 544 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 6 cases
Topics
Belated Appeal Petition For Writ Of Habeas Corpus Ineffective Assistance Of Counsel Habeas Corpus

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Opinion of the Court
THOMPSON, J.

THOMPSON, J.

Petitioner, Róndale Hall, seeks a petition for writ of habeas corpus for a belated appeal claiming that he timely requested his attorney to file a notice of appeal and the attorney did not. We deny the petition without prejudice because Hall’s petition is legally insufficient. Hall may refile his petition under oath.

Florida Rule of Appellate Procedure 9.140(j)(2)(F) provides that a petition seeking a belated appeal shall include “the specific facts sworn to by the petitioner or petitioner’s counsel that constitute the alleged ineffective assistance of counsel.... ” However, the petition in this case was not made under oath. Therefore, it is facially insufficient. See State v. Trowell, 739 So. 2d 77 (Fla.1999) (court should grant belated appeal if petitioner complies with Rule 9.140(j)(2)(F) and alleges that he made a timely request of counsel to file notice of appeal, and counsel failed to do so).

Petition for Writ of Habeas Corpus DENIED without Prejudice.

ANTOON, C.J., and W. SHARP, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ezell v. State, 778 So. 2d 1071 (Fla. 5th DCA 2001)
    …because it was not made under oath. See Fla. R.App. P. 9.141(c)(3)(F). Therefore, the petition is denied without prejudice for the petitioner to refile a proper sworn petition. See Harris v. State, 769 So. 2d 529 (Fla. 5th DCA 2000); Hall v. State, 746 So. 2d 544 (Fla. 5th DCA 1999). PETITION PREJUDICE. DENIED WITHOUT COBB, GRIFFIN and SAWAYA, JJ., concur.…
  • Laron Harris v. State, 769 So. 2d 529 (Fla. 5th DCA 2000)
    …he pro se petition for belated appeal in this proceeding did not contain petitioner’s signature, nor did it contain an oath by petitioner that the alleged facts were true. See Fla. R. Jud. Admin.2060(e); Fla. R.App. P. 9.140(j)(2)(F); Hall v. State, 746 So. 2d 544 (Fla. 5th DCA 1999) (holding that petition filed pursuant to Rule 9.140(j) was facially insufficient, since it was not made under oath). We therefore deny the petition without prejudice to petitioner to refile a signed, sworn petition. PETITION DE…
  • Dantrell Deon Riley v. State, 861 So. 2d 1289 (Fla. 5th DCA 2004)
    …P. 9.141(c)(3)(F). Therefore, the petition is denied without prejudice for the petitioner to refile a proper sworn petition. See Ezell v. State, 778 So. 2d 1071 (Fla. 5th DCA 2001); Harris v. State, 769 So. 2d 529 (Fla. 5th DCA 2000); Hall v. State, 746 So. 2d 544 (Fla. 5th DCA 1999). Petition DENIED without PREJUDICE. THOMPSON, PALMER, and ORFINGER, JJ., concur.…

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