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FLOWERS v. STATE

No. 4D04-106.

889 So.2d 123 (2004)

Steven FLOWERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 7, 2005.

Attorney(s) appearing for the Case

Steven Flowers, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The defendant appeals the denial of his petition for writ of habeas corpus. His petition requested the trial court to consider a belated motion for post-conviction relief and alleged that his privately-retained counsel had neglected to file the motion in a timely manner. The trial court summarily denied the petition. We reverse.

A defendant "might be entitled to file a belated motion for post-conviction...

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