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ADAIR v. STATE

No. 4D09-782.

20 So.3d 977 (2009)

Donald E. ADAIR, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 3, 2009.

Attorney(s) appearing for the Case

Donald E. Adair, Indiantown, pro se.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

We deny this petition seeking a belated appeal of the trial court's May 22, 2008 order denying petitioner, Donald Adair's motion for postconviction relief. In his petition, Adair alleged under oath that he did not receive the trial court's order within the time for filing a notice of appeal. The State was ordered to show cause as to why the petition should not be granted. In its response, the State provided a copy of the prison mail log, which showed that...

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