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POOLE v. STATE

No. 5D05-3007.

914 So.2d 497 (2005)

Nathaniel POOLE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

November 10, 2005.

Attorney(s) appearing for the Case

Bradley S. Sherman, DeLand, for Petitioner.

Charles J. Crist, Jr., Attorney General, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Petitioner seeks a belated appeal. However, the petition is not properly given under oath and fails to allege that Petitioner requested his counsel to proceed with an appeal. Therefore, the petition is not facially sufficient and is denied without prejudice for defendant to file a sufficient petition.

SHARP, W., PETERSON and TORPY...

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