11-6506 BILLY D. OWENS, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 11-6506

Case Date: 06/01/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BILLY D. OWENS, Petitioner, v. STATE OF FLORIDA, Respondent. ___________________________/ Opinion filed June 1, 2012. Petition for Belated Appeal -- Original Jurisdiction. Billy D. Owens, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-6506

PER CURIAM. The petition for belated appeal is denied. The denial of a motion to dismiss is not an appealable order. See Fla. R. App. P. 9.140(b). As the petition fails to allege that Owens requested that his attorney file an appeal of the judgment and sentence (as opposed to the order denying the motion to dismiss), the petition is denied. BENTON, C.J., THOMAS and SWANSON, JJ., CONCUR.

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