Samantha Rowe v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2004 SAMANTHA ROWE, Petitioner, v. CASE NO. 5D04-1627 STATE OF FLORIDA, Respondent. ______________________________/ Opinion filed July 9, 2004 Petition for Belated Appeal. A Case of Original Jurisdiction. Samantha Rowe, Quincy, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. Rowe seeks a belated appeal of her criminal conviction and sentence. She alleges her privatelyretained counsel failed to file a timely notice of appeal on her behalf. However, her petition, as filed, is defective because she did not allege that she requested counsel to file an appeal on her behalf within the time limits. Accordingly, we deny her petition without prejudice to file another petition which complies with Florida Rule of Appellate Procedure 9.141(c). DENIED without prejudice. SHARP, W., GRIFFIN and PALMER, JJ., concur.

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