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MATHIS v. STATE

No. 99-560.

738 So.2d 414 (1999)

Letarius MATHIS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 5, 1999.

Attorney(s) appearing for the Case

Letarius Mathis, Bowling Green, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Respondent.

W. SHARP, J.

Mathis seeks a belated appeal of the trial court's summary order rendered May 4, 1998, which denied his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He alleges he instructed his attorney to file an appeal but she failed to do so. The state's response does not address this allegation. Accordingly, we elect to grant Mathis a belated appeal in this cause, but after considering the merits...

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