Frazier v. State

944 So.2d 1035 (2006)

Jeffery Lamar FRAZIER, Petitioner,
v.
STATE of Florida, Respondent.

No. 5D06-2039.

District Court of Appeal of Florida, Fifth District.

July 7, 2006.

Jeffrey L. Frazier, Jasper, pro se.

No Appearance for Respondent.

PER CURIAM.

Frazier has filed a petition for habeas corpus, seeking a belated appeal. We deny his petition without prejudice to refile a legally sufficient petition. This petition, although executed with proper legal formality, fails to allege that he requested his attorney to file an appeal on his behalf in a timely manner — within 30 days after his criminal judgment was rendered. If he failed to make a timely request for an appeal,[1] he is not entitled to a belated appeal.

Petition for Writ of Habeas Corpus DENIED without prejudice.

PLEUS, C.J., and LAWSON, J., and SHARP, W., Senior Judge, concur.

NOTES

[1] See Fla. R.App. P. 9.141(c)(3)(F). See also Moore v. State, 910 So.2d 947 (Fla. 5th DCA 2005).