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DALZELL v. STATE

No. 5D05-3768.

922 So.2d 247 (2006)

Bradley E. DALZELL, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 8, 2006.

Attorney(s) appearing for the Case

Bradley E. Dalzell, Wewahitchka, pro se.

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

THOMPSON, J.

Bradley E. Dalzell seeks a belated appeal of his judgment and sentence pursuant to Florida Rule of Appellate Procedure 9.141(c). Dalzell argues that he is entitled to a belated appeal because he requested and relied on counsel to file the notice of appeal, but the notice was not filed. Concluding that the petition is legally sufficient and that the State failed to dispute its allegations, we grant Dalzell's...

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