SIMMONS v. STATE

No. 1D06-2516.

940 So.2d 1250 (2006)

Ricky E. SIMMONS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

November 3, 2006.


Attorney(s) appearing for the Case

Ricky E. Simmons, pro se, Petitioner.

Charlie Crist, Attorney General, and Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Respondent.


PER CURIAM.

By timely petition, Ricky E. Simmons seeks a belated appeal of an October 15, 2004, order denying his motion for postconviction relief in Bay County Circuit Court case number 99-1800. He alleges in his sworn petition that in spite of his filing of numerous notices of inquiry concerning the status of his motion, he did not receive a copy of the order of denial until February 2006.

In response to an order to show cause, the state contends that a...

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