NESMITH v. STATE (2025)

District Court of Appeal of Florida, First District.

Kenneth NESMITH, Appellant, v. STATE of Florida, Appellee.

No. 1D2025-2128

Decided: November 05, 2025

Henry Mark Sims, Public Defender, and Russell S. Barrett, Assistant Public Defender, Bonifay, for Appellant. No appearance for Appellee.

Dismissed as untimely. Appellate counsel, who appears also to have been trial counsel, attempts to petition for a belated appeal within the context of this case, but that petition fails to fully comply with the oath and content requirements of Florida Rule of Appellate Procedure 9.141(c)(4)(F). The court also references a trial counsel's duties under Florida Rule of Appellate Procedure 9.140(d).

Per Curiam.

Rowe, Kelsey, and Tanenbaum, JJ., concur.

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