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BATES v. STATE

No. 1D00-3930.

776 So.2d 1054 (2001)

Gerald Lynn BATES, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

February 2, 2001.

Attorney(s) appearing for the Case

Gerald Lynn Bates, pro se, petitioner.

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

PER CURIAM.

Gerald Lynn Bates timely seeks belated appeal from an order which denied his motion for postconviction relief. According to Bates, he timely moved for rehearing of the order denying the Rule 3.850 motion but did not receive notice that rehearing had been denied until after the time had expired for the timely filing of a notice of appeal. These allegations are made under oath and are supported by copies of prison mail logs. The State of Florida responds...

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