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LEATH v. STATE

No. 96-3908

694 So.2d 855 (1997)

Willie LEATH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 4, 1997.

Attorney(s) appearing for the Case

Willie Leath, Lawtey, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the state's motion for rehearing, withdraw our earlier opinion filed on March 12, 1997, and substitute the following opinion:

Willie Leath appeals an October 11, 1996 order summarily denying his post-conviction motion for leave to file a belated appeal from the revocation of his community control and his prison sentence. The motion alleged that Leath's trial attorney failed to file a notice of appeal...

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