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CASSIDY v. STATE

No. 5D08-2479.

18 So.3d 620 (2009)

Roger C. CASSIDY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 31, 2009.

Attorney(s) appearing for the Case

Roger C. Cassidy, Avon Park, pro se.

Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.

GRIFFIN, J.

Roger C. Cassidy ["Cassidy"] appeals the trial court's denial of his petition for writ of habeas corpus to file a belated 3.850 motion following an evidentiary hearing. Cassidy claims he retained now-deceased attorney, Jack Edmund, to file a 3.850 motion for post-conviction relief on his behalf. Cassidy contends that, in dismissing the motion, the trial court relied on improper evidence to conclude that he had not retained Attorney Edmund, as he claimed...

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