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JOSEPH v. STATE

No. 83-1734.

451 So.2d 886 (1984)

Robert JOSEPH, Petitioner, v. STATE of Florida and Louie L. Wainwright, Secretary, Department of Corrections, Respondents.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 3, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for respondents.

On Petition for Writ of Habeas Corpus

PER CURIAM.

We grant Joseph's petition for habeas corpus to obtain belated direct review of his criminal conviction and sentence. Trial counsel allegedly failed to file a notice of appeal in Joseph's case because of his mistaken belief that a motion filed in the trial court pursuant to Florida Rule of Criminal Procedure 3.800 tolled the time for filing a notice of appeal. See Joseph v. State,

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