BROXTON v. STATE (2023)

A petitioner seeking a belated appeal must provide, among other things, a sworn statement of the “specific acts” that “constitute the basis for entitlement to” the relief sought. Fla. R. App. P. 9.141(c)(4)(F). A petition under this subdivision of the rule, in turn, must 1) “state whether the petitioner requested counsel to proceed with the appeal and the date of any such request”; 2) state “if the petitioner was misadvised as to the availability of appellate review or the status of filing a notice of appeal”; or 3) “identify the circumstances․ that were beyond the petitioner's control and otherwise interfered with the petitioner's ability to file a timely appeal.” Id. (F)(i)–(ii).

The petitioner in this case fails to plead any of these facts. Instead, the petitioner premises her claim for relief on an averment that her lawyer failed to “explain her right to appeal.” This assertion is directly contradicted by her plea agreement, in which she stated, under oath, “My lawyer has explained to me what an appeal is.” Separately, the sentencing order to be reviewed, itself, advises the petitioner of her right to an appeal if a notice of appeal is filed within thirty days. Bottom line: The petitioner's own neglect is not a basis for relief.

Dismissed.

Per Curiam.

Bilbrey, Winokur, and Tanenbaum, JJ., concur.