5D06-2990 Verley Commackv. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-2990

Case Date: 09/11/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006

VERLEY COMMACK, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed September 15, 2006 Petition for Belated Appeal, A Case of Original Jurisdiction. Verley Commack, Blountstown, Pro Se. No Appearance for Respondent. Case No. 5D06-2990

PER CURIAM. We deny Petitioner's request for a belated appeal of his motion for postconviction relief. See Izquierdo v. State, 31 Fla. L. Weekly D2131 (Fla. 5th DCA Aug. 11, 2006) (holding that a defendant is not entitled to a belated appeal of the denial of motion for postconviction relief when he fails to demonstrate that the failure to file a timely appeal was due to state action). PETITION FOR BELATED APPEAL DENIED.

PLEUS, ORFINGER, and LAWSON, JJ., concur.

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