DANTRELL DEON RILEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court denies the petition for a belated appeal because it was not properly sworn, but grants one final opportunity to refile.
Riley filed a petition for a belated appeal, alleging counsel failed to honor his request. His initial petition was denied without prejudice for not b…
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GRIFFIN, J.
Dantrell Deon Riley [“Riley”] seeks from this court a belated appeal. We deny his petition, but without prejudice.
Recently, in 5D03-3808, Riley filed with this court a petition for belated appeal alleging that counsel failed to honor his timely request for an appeal. Because his petition was not made under oath as required by Florida Rule of Appellate Procedure 9.141(c)(3)(F), this court denied his petition without prejudice to file a proper sworn petition.
Riley now attempts to remedy that omission, but has failed. At the end of his petition, there is a notary certificate; however, nowhere in the certificate, or in the petition for that matter, is there a statement by Riley subjecting him to perjury penalties if his statements are false. See State v. Shearer, 628 So. 2d 1102 (Fla.1993); Proctor v. State, 845 So. 2d 1007 (Fla. 5th DCA 2003). See also Fla. R.Crim. P. 3.987.
We will give Riley one last chance to file a proper petition and give him twenty days to do it correctly. Bell v. State, 831 So. 2d 1287 (Fla. 5th DCA 2002).
PETITION DENIED without prejudice.
SAWAYA, C.J., and TORPY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Grant v. State, 875 So. 2d 795 (Fla. 5th DCA 2004)…. The petition for belated appeal is facially insufficient because it was not made under oath. 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. Riley v. State, 866 So. 2d 779 (Fla. 5th DCA 2004); Ezell v. State, 778 So. 2d 1071 (Fla. 5th DCA 2001); Harris v. State, 769 So. 2d 529 (Fla. 5th DCA 2000). PETITION DENIED WITHOUT PREJUDICE. SAWAYA, C.J., SHARP, W., and THOMPSON, JJ., concur.…
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Fuller v. State, 886 So. 2d 242 (Fla. 5th DCA 2004)…hough I agree the petition must be dismissed, I think it should be dismissed without prejudice to give Fuller an opportunity to show that he or the trial judge asked his attorney or the Public Defender’s Office to file an appeal. See Riley v. State, 866 So. 2d 779 (Fla. 5th DCA 2004); Ezell v. State, 778 So. 2d 1071 (Fla. 5th DCA 2001).…
Authorities Cited
- State v. Shearer, 628 So. 2d 1102 (Fla. 1993)
- Proctor v. State, 845 So. 2d 1007 (Fla. 5th DCA 2003)
- Campbell v. R2T Enters., Inc., 831 So. 2d 1287 (Fla. 5th DCA 2002)
- Bell v. State, 831 So. 2d 1287 (Fla. 5th DCA 2002)