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BATTLES v. STATE

No. 1D06-0433.

930 So.2d 769 (2006)

George BATTLES, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

May 11, 2006.

Attorney(s) appearing for the Case

Nancy Daniels, Public Defender, and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Petitioner.

Charlie Crist, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

George Battles seeks a belated appeal from an order which extended his term of probation. Petitioner has provided undisputed evidence that the trial judge failed to advise him of his right to appeal. The state opposes the petition, contending that this court should find that Battles is estopped to challenge the extended probation because he accepted the benefit of the extension to avoid a prison sentence and...

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