RIVERA v. STATE

No. 5D06-2606.

943 So.2d 973 (2006)

Hector RIVERA, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

December 8, 2006.


Attorney(s) appearing for the Case

Hector Rivera, Daytona Beach, pro se.

No Appearance for Respondent.


SAWAYA, J.

Hector Rivera entered a plea and was sentenced on July 15, 2001. He did not file a direct appeal. Now, in his sworn petition for belated appeal, Rivera alleges that when the trial judge informed him of his right to appeal, he immediately requested his attorney to "file the necessary appeal notice." He states, under oath, that he "has just recently discovered that counsel never timely filed his notice of appeal." Our records establish, however, that Rivera...

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