
    Timothy A. HENDERSON, Petitioner, v. STATE of Florida, Respondent.
    No. 5D02-3441.
    District Court of Appeal of Florida, Fifth District.
    Feb. 28, 2003.
    Timothy A. Henderson, Orlando, pro se.
    Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.
   SHARP, W., J.

Henderson seeks a belated appeal from the trial court’s denial of his petition for writ of habeas corpus. He claims he submitted a timely notice of appeal and after inquiring as to its status has not received a response. We deny the petition because the allegations contained therein do not show that the time is ripe for seeking a belated appeal.

Henderson alleged he submitted his notice of appeal in a timely manner but has received no response. He must first obtain notification from the circuit court that no notice of appeal was received; he cannot presume his notice of appeal was not delivered. Until the status of his appeal is established, his request for a belated appeal is premature.

Petition for Belated Appeal DENIED Without Prejudice to Refile Based on Response of Circuit Court.

ORFINGER and MONACO, JJ., concur.  