Erik Abbot v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006 ERIK T. ABBOT, Petitioner, v. Case No. 5D06-1243 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed May 26, 2006 Petition for Belated Appeal, A Case of Original Jurisdiction. Erik T. Abott, Jasper, for Petitioner. No Appearance for Respondent. PER CURIAM. Abbot petitions this court for a belated appeal. We deny his petition without prejudice. To the extent Abbot claims ineffective assistance of counsel, he must pursue these claims by filing a motion pursuant to Florida Rule of Criminal Procedure 3.850 in the trial court. To the extent that he seeks a belated appeal, his pleading is insufficient because his petition is unsworn. See Fla. R. App. P. 9.141(c)(3)()F); Cosby v. State, 911 So. 2d 275 (Fla. 5th DCA 2005). Petition for Belated Appeal DENIED Without Prejudice. SHARP, W., SAWAYA and MONACO, JJ., concur.

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