5D03-3808 Dantrell Riley v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-3808

Case Date: 01/05/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

DANTRELL DEON RILEY, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed January 9, 2004. Petition for Belated Appeal, A Case of Original Jurisdiction. Dantrell Deon Riley, Sneads, pro se. No Appearance for Respondent. CASE NO. 5D03-3808

PER CURIAM. The petition for belated appeal is facially insufficient 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 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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