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JOSEPH v. STATE

No. 83-1734.

471 So.2d 58 (1985)

Robert JOSEPH, Petitioner, v. STATE of Florida and Louie L. Wainwright, Etc., Respondents.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 17, 1985.

Rehearing Granted June 17, 1985.

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.

Rehearing En Banc Granted June 17, 1985.

SHARP, Judge.

This is a petition for writ of habeas corpus for belated appellate review. We previously appointed a commissioner to determine whether Joseph was denied his right to appellate review due to ineffective assistance of counsel. Joseph v. State, 451 So.2d 886 (Fla. 5th DCA 1984).

We hold that Joseph is entitled to a belated appeal despite the contrary finding...

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