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CAPELLAN v. STATE

No. 5D05-21.

893 So.2d 699 (2005)

John CAPELLAN, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

February 18, 2005.

Attorney(s) appearing for the Case

John Capellan, Raiford, for Petitioner.

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

PER CURIAM.

John Capellan has filed a petition seeking a belated appeal alleging that he requested his trial counsel to file an appeal on his behalf, but one was never filed. In its response, the Attorney General relates that it contacted Capellan's trial counsel, who conceded that petitioner had made a timely request for an appeal but, through inadvertence, he failed to filed the notice of appeal. The Attorney General candidly acknowledges that Capellan is entitled...

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