SHORTT v. STATE

No. 86-684.

509 So.2d 1136 (1987)

Matthew John SHORTT, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 17, 1987.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for respondent.


PER CURIAM.

We elect to treat petitioner's Rule 3.850 motion for a belated appeal as a petition for writ of habeas corpus. We previously referred the petition to the trial judge for an evidentiary hearing, and based on the findings of the trial judge that Shortt was denied effective assistance of counsel in perfecting his appeal, we hereby grant petitioner's application for a belated appeal of his criminal conviction and sentence. If appropriate, the trial court shall...

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