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991 So. 2d 971 (2008) Nelson GONZALEZ, Petitioner,
v.
STATE of Florida, Respondent.No. 5D08-2731. District Court of Appeal of Florida, Fifth District.
September 19, 2008. Nelson Gonzalez, Indiantown, for Petitioner.
No Appearance for Respondent.
PER CURIAM.
Nelson Gonzalez petitions for a writ of habeas corpus to allow a belated appeal. We deny the petition without prejudice because the petition's oath is deficient. An affirmation that the statements made in the petition are "true and correct to the best of my knowledge" is not an adequate oath. Moore v. State, 910 So. 2d 947 (Fla. 5th DCA 2005). Gonzalez shall have thirty (30) days in which to file a legally sufficient amended petition.
Petition for Writ of Habeas Corpus DENIED.
GRIFFIN, TORPY and EVANDER, JJ., concur.
Document Info
Docket Number: 5D08-2731
Citation Numbers: 991 So. 2d 971, 2008 WL 4265472
Judges: Per Curiam
Filed Date: 9/19/2008
Precedential Status: Precedential
Modified Date: 3/3/2016