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Billy D. OWENS, Petitioner, v. STATE of Florida, Respondent

Florida District Court of Appeal2012-06-01No. No. 1D11-6506
93 So. 3d 361

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Opinion

majority opinion

PER CURIAM.

The petition for belated appeal is denied. The denial of a motion to dismiss is not an appealable order. See Fla. R.App. P. 9.140(b). As the petition fails to allege that Owens requested that his attorney file an appeal of the judgment and sentence (as opposed to the order denying the motion to dismiss), the petition is denied. BENTON, C.J., THOMAS and SWANSON, JJ., concur.