Sargent v. State
DONALD E. SARGENT, Petitioner, v. STATE OF FLORIDA, Respondent.
Case No. 5D07-1993
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT
September 28, 2007, Opinion Filed
COUNSEL: [*1] Donald E. Sargent, Cross City, Pro se.
Bill McCollum, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.
JUDGES: PALMER, C.J., SAWAYA and TORPY, JJ., concur.
OPINION
Petition for Belated Appeal, A Case of Original Jurisdiction.
PER CURIAM.
Donald Sargent has filed a petition in this court seeking a writ of habeas corpus requesting a belated appeal. We deny the petition without prejudice to refile a legally sufficient petition. The instant petition, although executed with proper legal formality, fails to allege that Sargent requested his attorney to file an appeal on his behalf in a timely manner. If he failed to make a timely request for an appeal, n1 he is not entitled to receive a belated appeal.
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See Fla. R. App. P. 9.141(c)(3)(F). See also Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005).
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Petition for Writ of Habeas Corpus DENIED without prejudice.
PALMER, C.J., SAWAYA and TORPY, JJ., concur.