
    Nelson GONZALEZ, Petitioner, v. STATE of Florida, Respondent.
    No. 5D08-2731.
    District Court of Appeal of Florida, Fifth District.
    Oct. 31, 2008.
    Nelson Gonzalez, Indiantown, for Petitioner.
    No Appearance for Respondent.
   PER CURIAM.

Nelson Gonzalez seeks a belated appeal. However, the petition fails to allege that Mr. Gonzalez made a timely request for an appeal which was not honored by counsel. Accordingly, we deny the petition without prejudice to Mr. Gonzalez to file a legally sufficient petition within thirty (30) days. Milliken v. State, 925 So.2d 1130 (Fla. 5th DCA 2006).

Petition DENIED.

GRIFFIN, TORPY and EVANDER, JJ., concur.  