Marcus Counts v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008 MARCUS L. COUNTS, Petitioner, v. Case No. 5D07-4215 STATE OF FLORIDA, Respondent. _______________________________/ Opinion filed March 20, 2008 Petition for Belated Appeal, A Case of Original Jurisdiction. Marcus L. Counts, Carrabelle, pro se. Bill McCollum, Attorney General, Talla hassee and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. The petitioner, Marcus L. Counts, seeks a belated appeal, stating that he requested an appeal immediately after sentencing but no appeal was ever filed. Florida Rule of Appellate Procedure 9.141(c)(3)(F) requires the petitioner to assert the specific facts that constitute a basis for entitlement to belated appeal. The instant petition for belated appeal does not contain an oath that the statements are true. Therefore, the petition is dismissed without prejudice for refiling with a proper oath. State, 873 So. 2d 1287 (Fla. 5th DCA 2004). DISMISSED. GRIFFIN, SAWAYA and ORFINGER, JJ., concur. See Fuller v.

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