Commack v. State

PER CURIAM. We deny Petitioner’s request for a belated appeal of his motion for postconviction relief. See Izquierdo v. State, 935 So.2d [1106] 1243 (Fla. 5th DCA 2006) (holding that a defendant is not entitled to a belated appeal of the denial of motion for postconviction relief when he fails to demonstrate that the failure to file a timely appeal was due to state action). PETITION FOR BELATED APPEAL DENIED. PLEUS, ORFINGER, and LAWSON, JJ., concur.