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SVOBODA v. STATE

No. 5D05-4323.

932 So.2d 545 (2006)

Anthony P. SVOBODA, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

June 23, 2006.

Attorney(s) appearing for the Case

Anthony P. Svoboda, Monticello, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent.

THOMPSON, J.

Petitioner, Anthony Svoboda, filed a petition seeking a belated appeal, alleging under oath that the facts stated in his petition were true. The State was ordered to respond, and the State pointed out that the Department of Corrections' ("DOC") records contradicted the petitioner's own sworn allegations. This court appointed a commissioner to conduct an evidentiary hearing and make findings of fact and a recommendation to this court regarding petitioner...

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