Jeffery Frazier v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006 JEFFERY LAMAR FRAZIER, Petitioner, v. Case No. 5D06-2039 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed July 7, 2006 Petition for Belated Appeal, A Case of Original Jurisdiction. 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, CJ., and LAWSON, J., and SHARP, W., Senior Judge, concur. 1 See Fla. R. App. P. 9.141(c)(3)(F). See also Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005).

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