
    William Charles MILLER, Petitioner, v. STATE of Florida, Respondent.
    No. 5D05-4452.
    District Court of Appeal of Florida, Fifth District.
    Jan. 20, 2006.
    William Charles Miller, Moore Haven, pro se.
    No Appearance for Respondent.
   PER CURIAM.

William Charles Miller has filed a petition seeking belated appeal pursuant to rule 9.141(c), Florida Rules of Appellate Procedure. Said petition is legally insufficient since it contains no statement by Miller that the petition was made under oath or penalty of perjury. See Fla. R.App. P. 9.141(c)(3)F. Accordingly, the petition is denied without prejudice to Miller to refile a legally sufficient petition.

DENIED without prejudice.

SHARP, W., PALMER and ORFINGER, JJ., concur.  