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JOHNSON v. STATE

No. 79-412.

388 So.2d 621 (1980)

Robert JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 24, 1980.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Chief, App. Division, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

ON MOTION TO DISMISS APPEAL

ORFINGER, Judge.

The State moves to dismiss this appeal because the notice of appeal is late. The appellant responds by pointing to State action as contributing to the late filing, and requests that we treat the notice of appeal which was filed by the appellant pro se in letter form as a petition for belated review.

We agree that we should treat the notice of appeal as a petition for writ of habeas corpus for belated appellate...

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