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SMITH v. STATE

Nos. 97-764.

707 So.2d 365 (1998)

Hugh Don SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 24, 1998.

Attorney(s) appearing for the Case

James C. Lohman, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

GOSHORN and THOMPSON, JJ., concur.

ANTOON, J., concurs specially, with opinion.

ANTOON, Judge, concurring.

I agree that the denial of the defendant's petition for writ of habeas corpus should be affirmed. However, the affirmance should be without prejudice in order to allow the defendant the opportunity to seek a belated appeal in the second district arguing ineffective assistance of appellate counsel for...

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