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SMITH v. CROSBY

No. 4D02-4350.

872 So.2d 279 (2004)

Marcel S. SMITH, Petitioner, v. James V. CROSBY, Jr., Secretary, Department of Corrections, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 1, 2004.

Attorney(s) appearing for the Case

Marcel S. Smith, Bowling Green, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for respondent.

TAYLOR, J.

Marcel Smith filed this petition for writ of habeas corpus pursuant to Florida Rule Appellate Procedure 9.141(c), alleging, inter alia, that his appellate counsel was ineffective for failing to argue that his conviction for burglary should be reversed based on Delgado v. State, 776 So.2d 233 (Fla.2000). We grant the petition and allow for a belated appeal limited to this issue.

Petitioner's conviction...

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