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SMITH v. STATE

No. 1D99-4584.

752 So.2d 1280 (2000)

Andre SMITH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

March 17, 2000.

Attorney(s) appearing for the Case

Andre Smith, pro se, petitioner.

Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for respondent.

PER CURIAM.

Andre Smith's direct appeal was dismissed when his counsel failed to respond to an order of this court. Since the appeal was dismissed through no fault of petitioner, we grant his petition for writ of habeas corpus. Although Smith asks that this court grant him a belated appeal, we find that the proper remedy in this instance is to reinstate his original appeal. See Johnson v. State, 719 So.2d 986 (Fla. 5th DCA...

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