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MILLS v. STATE

No. 4D04-4314.

901 So.2d 939 (2005)

Brian I. MILLS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 8, 2005.

Attorney(s) appearing for the Case

Brian I. Mills, Indiantown, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We reverse the trial court's order summarily denying the "rule 3.850(h)" motion filed pursuant to Steele v. Kehoe, 747 So.2d 931 (Fla.1999), by Brian I. Mills, which should have been treated as a petition for writ of habeas corpus. Id. at 934.

We find Mills alleged a legally sufficient claim requesting permission to file a belated motion for postconviction relief. We direct the trial court on remand...

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