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Matroni v. State

Florida Court of Appeal, First District

December 20, 2011

Robert William MATRONI, Petitioner,
v.
STATE of Florida, Respondent.

Petition for Belated Appeal— Original Jurisdiction.

James Owens, Public Defender, and Nicholas M. Thomas, Assistant Public Defender, Pensacola, for Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

This petition seeks belated appeal of a judgment and sentence rendered on August 18, 2011. We deny the petition.

Florida Rule of Appellate Procedure 9.140(b)(3) requires the notice of appeal to be filed within 30 days following rendition of the judgment and sentence. The petition alleges that in a letter dated October 18, 2011, the defendant requested that counsel file a notice of appeal. In a postconviction request for belated appeal, the defendant is required to allege that a timely request was made of counsel to file a notice of appeal. State v. Trowell,739 So.2d 77, 81 (Fla.1999). This petition fails to allege that a request for appeal was ...


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