Gonzalez v. State

Full title: Nelson GONZALEZ, Petitioner, v. STATE of Florida, Respondent

Court: District Court of Appeal of Florida, Fifth District

Date published: Oct 31, 2008

993 So. 2d 1139 (Fla. Dist. Ct. App. 2008)

Opinion

No. 5D08-2731.

October 31, 2008.

Petition for Belated Appeal, A Case of Original Jurisdiction.

Nelson Gonzalez, Indiantown, for Petitioner.

No Appearance for Respondent.

PER CURIAM.

Nelson Gonzalez seeks a belated appeal. However, the petition fails to allege that Mr. Gonzalez made a timely request for an appeal which was not honored by counsel. Accordingly, we deny the petition without prejudice to Mr. Gonzalez to file a legally sufficient petition within thirty (30) days. Milliken v. State, 925 So.2d 1130 (Fla. 5th DCA 2006).

Petition DENIED.

GRIFFIN, TORPY and EVANDER, JJ., concur.