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CRAFT v. MOORE

No. 1D98-2277.

750 So.2d 135 (2000)

William CRAFT, Petitioner, v. Michael W. MOORE, Secretary, Florida Department of Corrections, Respondent.

District Court of Appeal of Florida, First District.

January 25, 2000.

Attorney(s) appearing for the Case

William Craft, Petitioner, pro se.

Robert A. Butterworth, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for respondent.

PER CURIAM.

William Craft petitioned this court for a belated appeal, asserting under oath that he timely asked his trial counsel to file a notice of appeal and that request was not honored. In accordance with Schubert v. State, 737 So.2d 1102 (Fla. 1st DCA 1998), the State obtained a sworn statement from counsel that Craft did not ask him to appeal. This court relinquished jurisdiction with instructions that an evidentiary...

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