5D05-983 Samuel Sweeting v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-983

Case Date: 05/02/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

SAMUEL CARL SWEETING, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed May 6, 2005 Petition for Belated Appeal, A Case of Original Jurisdiction. Samuel Carl Sweeting, Jasper, Pro Se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. While it is difficult to tell from the petition filed with this court, it appears that the petitioner is seeking review of an order of the trial court denying his motion for a DNA evidence examination. The petition is, however, facially insufficient in that it fails to comply with the requirements of Florida Rule of Appellate Procedure 9.141(c)(3), and must, accordingly, be dismissed. The dismissal is without prejudice so that the Case No. 5D05-983

petitioner may attempt to file a facially sufficient petition. DISMISSED.

SAWAYA, C.J., THOMPSON and MONACO, JJ., concur.

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