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FRAZIER v. WAINWRIGHT

No. 70-1076.

255 So.2d 291 (1971)

Allen L. FRAZIER, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

December 10, 1971.

Attorney(s) appearing for the Case

Walter N. Colbath, Jr., Public Defender, Carl V.M. Coffin, Asst. Public Defender, West Palm Beach, for petitioner.

Robert L. Shevin, Atty. Gen., Tallahassee, Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for respondent.

PER CURIAM.

Petitioner's original direct appeal from a judgment and sentence imposed upon conviction of breaking and entering with intent to commit a felony and petit larceny was frustrated by an untimely filed notice of appeal by court appointed counsel.

We grant petitioner a belated review of the judgment and sentence equivalent to a direct appeal by means of this habeas corpus proceeding. Henninger v. State, Fla. 1970, 230 So.2d 149

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