DANA LINCOLN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2007-01-19
No. 5D06-3060
SAWAYA, PALMER, and TORPY, JJ., concur.
948 So. 2d 77 Florida District Court of Appeal, Fifth District (2007) Positive Treatment
Cited by 6 cases
Topics
Motion For Clarification Petition For Belated Appeal

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Dana Lincoln (defendant) filed a motion with this court on December 4, 2006. We deem the motion to be a motion for clarification of this court’s order dated October 17, 2006, which ruled that the defendant’s petition for belated appeal was facially insufficient. We grant the motion and withdraw the October 17, 2006 order. Although the defendant’s petition for belated appeal alleges that the defendant had requested his trial counsel to file a notice of appeal on his behalf, the motion does not allege when the defendant made that request. As a result, it is not possible for this court to determine whether the request was timely made. Accordingly, the defendant’s motion for belated appeal is facially insufficient.

MOTION GRANTED; PETITION DENIED.

SAWAYA, PALMER, and TORPY, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Woods v. State, 974 So. 2d 555 (Fla. 5th DCA 2008)
    …[*556] PER CURIAM. We deny without prejudice, the petition seeking a belated appeal. The petition fails to allege that petitioner made a timely request for defense counsel to file a notice of appeal. See Lincoln v. State, 948 So. 2d 77 (Fla. 5th DCA 2007); Frazier v. State, 944 So. 2d 1035 (Fla. 5th DCA 2006). The petition may be amended within thirty days following the date of this opinion. PETITION DENIED. PLEUS, ORFINGER and TORPY, JJ, concur.…
  • Jones v. State, 7 So. 3d 597 (Fla. 5th DCA 2009)
    …PER CURIAM. We deny without prejudice, the petition seeking a belated appeal. The petition fails to allege that Petitioner made a timely request for defense counsel to file a notice of appeal. See Lincoln v. State, 948 So. 2d 77 (Fla. 5th DCA 2007); Frazier v. State, 944 So. 2d 1035 (Fla. 5th DCA 2006). The petition may be amended within thirty days following the date of this opinion. PETITION DENIED. PALMER, C.J., ORFINGER and EVANDER, JJ., concur.…
  • Maya Derkovic v. State, 30 So. 3d 705 (Fla. 5th DCA 2010)
    …ppeal of a judgment and sentence pursuant to Florida Rule of Appellate Procedure 9.141(c). The instant petition is facially insufficient because it does not allege that Derkovic timely requested that her counsel file an appeal. See Lincoln v. State, 948 So. 2d 77 (Fla. 5th DCA 2007). Petitioner was given an opportunity to amend the petition to allege that she timely requested an appeal, but failed to do so. PETITION DISMISSED. GRIFFIN, ORFINGER and COHEN, JJ., concur.…

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