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Misuraca v. State, Case No. 5D09-371 (Fla. App. 3/20/2009) (Fla. App., 2009)

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ROBERT JAMES MISURACA, Petitioner, v. STATE OF FLORIDA, Respondent. Case No. 5D09-371. District Court of Appeal Florida, Fifth District Opinion filed March 20, 2009. Petition for Belated Appeal, A Case of Original Jurisdiction. Robert James Misuraca, Daytona Beach, pro se. No Appearance for Respondent. GRIFFIN, J. Petitioner seeks a belated appeal of his judgment and sentence. We deny the petition. The petition was filed under the mailbox rule on January 3, 2009. According to Petitioner’s allegations, on September 12, 2005, he was sentenced to fifteen years in prison. He alleges that at the time of sentencing he asked counsel to file the appeal, but she failed to do so. Petitioner further alleges that he learned of defense counsel’s omission after receiving a response to his notice of appeal inquiry from the clerk of court on September 25, 2007...continue to full post

Full post as published by Florida Criminal Law Opinions on March 20, 2009 (boomark / email).