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ROGERS v. STATE

No. 5D04-1210.

873 So.2d 1288 (2004)

Timothy Royal ROGERS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

June 4, 2004.

Attorney(s) appearing for the Case

Timothy Royal Rogers, Bristol, pro se.

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

THOMPSON, J.

Timothy Royal Rogers seeks a belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). He alleges under oath that he is incarcerated in the State Department of Corrections and that he timely filed a notice of appeal while in custody. Rogers contends that he placed his notice of appeal in the prison mailbox and that it was mishandled by prison officials and lost in the prison mailing system. When Rogers's notice of appeal was returned to...

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