LATIMORE v. STATE

No. 97-1396.

696 So.2d 1290 (1997)

James LATIMORE, Petitioner, v. STATE of Florida, Ron Cochran, as Sheriff of Broward County Florida and The Honorable Richard D. Eade, Circuit Court Judge of the 17th Judicial Circuit, In and For Broward County, Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

July 16, 1997.


Attorney(s) appearing for the Case

Barbara J. Brush, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise M. Mitchell, Assistant Attorney General, West Palm Beach, for respondents.


PER CURIAM.

Petitioner seeks a belated appeal from his conviction and sentence based on the public defender's allegation that a notice of appeal was timely filed, but was never docketed by the clerk of the circuit court. The state agrees that no appeal was ever docketed, but questions whether the notice was really filed.

There is no need to resolve the factual dispute, because either way, petitioner's right to appeal has been frustrated by state action. He...

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