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RIOS v. MOORE

No. 3D99-2855.

765 So.2d 888 (2000)

Camilo RIOS, Petitioner, v. Michael W. MOORE, Secretary of the Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, Third District.

August 23, 2000.

Attorney(s) appearing for the Case

Camilo Rios, in proper person.

Robert A. Butterworth, Attorney General, and Gary K. Milligan, Assistant Attorney General, for Respondent.

Before SCHWARTZ, C.J., and COPE and LEVY, JJ.

On Petition for Belated Appeal

COPE, J.

Carlos Rios petitions for a belated appeal, contending that an appeal filed on his behalf should not have been voluntarily dismissed. We appointed the Honorable Mark King Leban to serve as a commissioner of this court and take testimony. The Commissioner has recommended that the petition for belated appeal be denied, and we agree.

Defendant-petitioner Rios entered into a plea bargain for a five-year...

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