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CARSWELL v. STATE

No. 4D09-1814.

23 So.3d 195 (2009)

Fred CARSWELL III, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

November 18, 2009.

Attorney(s) appearing for the Case

Fred Carswell III, Coleman, Pro Se.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

MAY, J.

The defendant appeals an order denying his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. To prevent manifest injustice, we treat this appeal as a petition for writ of habeas corpus and grant a belated direct appeal on a limited issue. See Lago v. State, 975 So.2d 613 (Fla. 3d DCA 2008) (treating appeal as petition for habeas corpus and granting relief in order to correct...

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