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HANKERSON v. STATE

No. 5D00-3666.

777 So.2d 1188 (2001)

Horace L. HANKERSON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

February 16, 2001.

Attorney(s) appearing for the Case

Horace L. Hankerson, Jasper, pro se.

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 the order denying his petition for post-conviction relief was not received until May 16, 2000, leaving petitioner only one day in which to file a timely motion for rehearing to toll the time to appeal. Therefore, we grant the petition for belated appeal and reinstate petitioner's appeal, Case No. 5D00-1831.

PETITION...

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