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SWAIM v. STATE

No. 5D01-2636.

803 So.2d 797 (2001)

Phillip SWAIM, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 9, 2002.

Attorney(s) appearing for the Case

Baya Harrison, Monticello, for Petitioner.

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

ORFINGER, R.B., J.

In Williams v. State, 777 So.2d 947 (Fla. 2000), the supreme court held that a defendant may seek a belated appeal from an order denying a motion for postconviction relief when the notice of appeal was untimely filed due to counsel's neglect. The question we now consider is whether a petition seeking such a belated appeal should be filed in the trial court or in the appellate court.

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