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McCLAIN v. MOORE

No. 1D00-4028.

775 So.2d 1003 (2001)

Corey McCLAIN, Petitioner, v. Michael W. MOORE, Secretary, Florida Department of Corrections and State of Florida, Respondents.

District Court of Appeal of Florida, First District.

January 10, 2001.

Attorney(s) appearing for the Case

Corey McClain, pro se, petitioner.

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

PER CURIAM.

Appointed counsel's failure to respond to this court's order to show cause why the appeal should not be dismissed for failure to file an initial brief caused petitioner's direct appeal to be dismissed. Therefore, the petition for writ of habeas corpus for belated appeal due to ineffective assistance of appellate counsel is granted. Johnson v. State, 719 So.2d 986 (Fla. 5th DCA 1998); Rooney v. State,

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