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WILLIAMS v. STATE

No. 4D04-3667.

889 So.2d 1011 (2004)

Allan L. WILLIAMS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

December 30, 2004.

Attorney(s) appearing for the Case

Allan L. Williams, Cross City, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie Neilan, Assistant Attorney General, Daytona Beach, for Respondent.

THOMPSON, J.

Petitioner Allan Williams seeks a belated appeal alleging that he requested his trial counsel to file an appeal after sentencing, but that counsel failed to do so. The petition is not under oath as required by Florida Rule of Appellate Procedure 9.141(c)(3)(F). See Riley v. State, 861 So.2d 1289 (Fla. 5th DCA 2004). We deny the petition without prejudice for Williams to file a properly sworn petition.

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