DANTRELL DEON RILEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2004-01-09
No. 5D03-3808
THOMPSON, PALMER, and ORFINGER, JJ., concur.
861 So. 2d 1289 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition for belated appeal is facially insufficient because it was not made under oath. See Fla. RApp. 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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  • Thaden v. State, 874 So. 2d 1238 (Fla. 1st DCA 2004)
    …on 775.21, Florida Statutes (2000), violated his right to procedural due process, because it did not require a hearing to determine whether he posed a danger to the public), review ‘pending, No. SC03-2219 (Fla. Dec. 18, 2003). Accord Glenn v. State, 861 So. 2d 1289 (Fla. 5th DCA 2004); Reyes v. State, 854 So. 2d 816 (Fla. 4th DCA 2003); Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA), review granted, 859 So. 2d 514 (Fla.2003). We certify conflict with Espindola v. State, 855 So. 2d 1281, 1290 (Fla. 3d DCA 2003).…
  • Kensler v. State, 890 So. 2d 282 (Fla. 1st DCA 2004)
    …nconstitutional. In so doing, Thaden followed this court’s prior decision in Therrien v. State, 859 So. 2d 585 (Fla. 1st DCA 2003), review granted, No. SC03-2219 (Fla. Dec. 19, 2003), and those of three other appellate districts. See Glenn v. State, 861 So. 2d 1289 (Fla. 5th DCA 2004); Reyes v. State; 854 So. 2d 816 (Fla. 4th DCA 2003); Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA), review granted, 859 So. 2d 514 (Fla.2003). In addition to the split between the above districts on the constitutional issue, the…
  • Hamlin v. State, 864 So. 2d 1262 (Fla. 5th DCA 2004)
    …PER CURIAM. AFFIRMED. See Glenn v. State, 861 So. 2d 1289 (Fla. 5th DCA 2004). SAWAYA, C.J., GRIFFIN and PLEUS, JJ., concur.…

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