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NIXON v. STATE

No. 5D05-3766.

921 So.2d 819 (2006)

Donald NIXON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

March 3, 2006.

Attorney(s) appearing for the Case

Donald Nixon, Lake City, pro se.

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

PALMER, J.

Donald Nixon filed a petition seeking a belated appeal, alleging under oath that he had requested his trial counsel to pursue a direct appeal but no appeal was filed. The State contacted trial counsel, who stated that Nixon did not ask him to file an appeal. Since there were "disputed facts", this court appointed a commissioner to hold a hearing and resolve the facts.

According to the commissioner's report...

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