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ROSADO v. STATE

No. 5D03-2327.

864 So.2d 533 (2004)

Merced ROSADO, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

January 9, 2004.

Attorney(s) appearing for the Case

Merced Rosado, South Bay, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.

THOMPSON, J.

Merced Rosado seeks a writ of habeas corpus for a belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). Rosado alleges that when the court denied his Rule 3.850 motion, he timely requested that his attorney appeal the trial court's order, but the attorney did not do because he was not paid. The state contends that Rosado's attorney contradicts the assertions in his petition, thus creating disputed facts which warrant the appointment...

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