Tucker v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 LAWRENCE TUCKER, JR. Petitioner, v. CASE NO. 5D03-2545 STATE OF FLORIDA, Respondent. ______________________________/ Opinion filed September 5, 2003 Petition for Belated Appeal. A Case of Original Jurisdiction. Lawrence Tucker, Jr., Tampa, pro se. No Appearance for Respondent. PER CURIAM. Tucker petitions this court to issue a writ of habeas corpus to permit the late filing of his appeal in a criminal case. He alleges his trial counsel led him to believe an appeal had been timely filed, when in fact it had not been filed. This is a meritorious circumstance for which belated appeals in criminal cases are granted. However, Tucker s petition is not sworn to as required by Florida Rule of Appellate Procedure 9.141(c)(3)(F). Accordingly, we deny Tucker s petition without prejudice to file a sworn petition in compliance with rule 9.141(c)(3)(F). Petition for Belated Notice of Appeal DENIED Without Prejudice. SAWAYA, CJ., SHARP, W., and THOMPSON, JJ., concur.

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