Gonzalez v. State

993 So.2d 1139 (2008)

Nelson GONZALEZ, Petitioner,
v.
STATE of Florida, Respondent.

No. 5D08-2731.

District Court of Appeal of Florida, Fifth District.

October 31, 2008.

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.