SMITH v. STATE

No. 1D04-1775.

878 So.2d 1290 (2004)

James D. SMITH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

August 10, 2004.


Attorney(s) appearing for the Case

James D. Smith, pro se, petitioner.

Charlie Crist, Attorney General, and Shasta W. Kruse, Assistant Attorney General, Tallahassee, for respondent.


PER CURIAM.

Petitioner's appeal in case number 1D02-2419 from an order denying a motion for postconviction relief was dismissed for failure to file an amended notice of appeal with a certificate of service showing service on the Attorney General. In the present petition, petitioner argues that he filed the amended notice of appeal within the time allowed by this court. However, this court did not receive the amended notice of appeal until after the appeal had been...

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