HENDERSON v. STATE (2003)

District Court of Appeal of Florida,Fifth District.

Timothy A. HENDERSON, Petitioner, v. STATE of Florida, Respondent.

No. 5D02-3441.

Decided: February 28, 2003

Timothy A. Henderson, Orlando, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.

Henderson seeks a belated appeal from the trial court's denial of his petition for writ of habeas corpus. He claims he submitted a timely notice of appeal and after inquiring as to its status has not received a response. We deny the petition because the allegations contained therein do not show that the time is ripe for seeking a belated appeal.

Henderson alleged he submitted his notice of appeal in a timely manner but has received no response. He must first obtain notification from the circuit court that no notice of appeal was received; he cannot presume his notice of appeal was not delivered. Until the status of his appeal is established, his request for a belated appeal is premature.

Petition for Belated Appeal DENIED Without Prejudice to Refile Based on Response of Circuit Court.

SHARP, W., J.

ORFINGER and MONACO, JJ., concur.

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