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KELLEY v. STATE

No. 90-0217.

557 So.2d 694 (1990)

Rudolph KELLEY, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

March 14, 1990.

Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender, and Rita Cassady, Asst. Public Defender, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan Fowler, Asst. Atty. Gen., West Palm Beach, for respondent.

PER CURIAM.

We grant the Petition For Writ of Habeas Corpus and grant unto Rudolph Kelley the right to pursue a belated appeal. This is done on the grounds of ineffective assistance of counsel by reason of the fact that the appointed Public Defender through inadvertence failed to file a timely appeal as requested by Kelley. See State v. Meyer, 430 So.2d 440 (Fla. 1983).

GRANTED.

HERSEY, C.J., and DELL and...

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