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WYATT v. STATE

No. 97-1421.

697 So.2d 1289 (1997)

Thomas A. WYATT, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

August 15, 1997.

Attorney(s) appearing for the Case

Mary Anderson Mills, Assistant CCR, Tallahassee, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer Meek, Assistant Attorney General, Daytona Beach, for Respondent.

HARRIS, Judge.

Thomas A. Wyatt was convicted of robbery with a deadly weapon in 1989. His trial counsel mailed a letter to him addressed to the Vero Beach county jail where he was then incarcerated, enclosing an affidavit of indigency for the purpose of appeal. The affidavit was never returned to the attorney, and Wyatt now claims that it was never returned because he never received the letter. The attorney filed a timely notice of appeal, but it was dismissed by...

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