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WASHINGTON v. STATE

No. 5D00-2976.

771 So.2d 1293 (2000)

Henry Daniel WASHINGTON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

December 1, 2000.

Attorney(s) appearing for the Case

James Russo, Public Defender, and Mira Berry-Kennon, Assistant Public Defender, Sanford, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

In this petition for belated appeal, the undisputed factual allegations show that petitioner's appeal rights were frustrated when trial counsel inadvertently failed to file a notice of appeal after being requested to do so. Therefore, we grant the petition for belated appeal and this opinion shall be treated as a notice of appeal.

PETITION GRANTED.

COBB, PETERSON and SAWAYA...

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