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MERRELL v. SINGLETARY

No. 98-3321.

736 So.2d 730 (1999)

Gary Oble MERRELL, Petitioner, v. Harry SINGLETARY, Secretary of the Florida Dept. of Corrections, Respondent.

District Court of Appeal of Florida, Third District.

June 16, 1999.

Attorney(s) appearing for the Case

Gary O. Merrell, in proper person.

Robert A. Butterworth, Attorney General, and Simone P. Firley, Assistant Attorney General, for respondent.

Before COPE, LEVY, and SORONDO, JJ.

PER CURIAM.

Gary Oble Merrell petitions for a belated appeal. He alleged that after an evidentiary hearing on a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, he requested, and his privately-retained trial counsel agreed, to take an appeal. No appeal was ever filed.

We appointed a commissioner who conducted an evidentiary hearing at which defendant-appellant Merrell and his trial counsel both testified. The trial court found...

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