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FIGUEREDO v. STATE

No. 3D00-2090.

777 So.2d 1218 (2001)

Alejandro FIGUEREDO, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

February 28, 2001.

Attorney(s) appearing for the Case

Alejandro Figueredo, in proper person.

Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for respondent.

Before COPE, GODERICH and SHEVIN, JJ.

PER CURIAM.

Defendant seeks a belated appeal of the order denying a Rule 3.850 motion following an evidentiary hearing. We grant the petition as the order does not advise defendant that he has 30 days to appeal the decision. See Cardenas v. State, No. 3D00-2616, ___ So.2d ___, 2001 WL 37727 (Fla. 3d DCA Jan.17, 2001), and cited cases. This cause is remanded to the trial court with instructions to treat this court's mandate as the notice of appeal. Fla.R.App...

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