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Battles v. State

District Court of Appeal of Florida, First District
Sep 16, 1999
739 So. 2d 740 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1430.

Opinion filed September 16, 1999.

Petition and Amended Petition for Belated Appeal — Original Jurisdiction.

Paul M. Battles, pro se, petitioner.

Robert A. Butterworth, Attorney General, and James W. Rogers, Senior Assistant Attorney General, Tallahassee, for respondent.


Paul Battles seeks a belated appeal from an order which denied a motion for correction of sentence. Battles' petition states under oath that he did not receive a copy of the order until the time for filing a notice of appeal had passed. The respondent expresses no objection to the granting of relief.

Accordingly, the petition for belated appeal from the order denying motion to correct sentence in Gadsden County case number 89-565-CFA is granted. Upon issuance of mandate in this cause, a copy of the opinion shall be provided to the clerk of the lower tribunal for treatment as a notice of appeal. Fla.R.App.P. 9.140(j)(5)(D).

BARFIELD, C.J., ERVIN and WOLF, JJ., concur.


Summaries of

Battles v. State

District Court of Appeal of Florida, First District
Sep 16, 1999
739 So. 2d 740 (Fla. Dist. Ct. App. 1999)
Case details for

Battles v. State

Case Details

Full title:PAUL M. BATTLES, Petitioner, v. STATE OF FLORIDA, Respondent

Court:District Court of Appeal of Florida, First District

Date published: Sep 16, 1999

Citations

739 So. 2d 740 (Fla. Dist. Ct. App. 1999)

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