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MILLER v. STATE

No. 1D09-6052.

32 So.3d 717 (2010)

Antonio D. MILLER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

April 7, 2010.

Attorney(s) appearing for the Case

Antonio D. Miller, pro se, Petitioner.

Bill McCollum, Attorney General, and Ian M. Cotner, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Antonio Miller filed a post-judgment motion in his criminal case, seeking return of personal property. The motion was denied and Miller moved for rehearing. He seeks belated appeal because he did not receive the order denying rehearing until it was too late to appeal.

We find that belated appeal is the proper remedy because the motion was filed in Miller's criminal case. See Powell v. Dep't of Corr., 727 So.2d 1103

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