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Buie v. State

District Court of Appeal of Florida, First District
May 20, 1998
709 So. 2d 655 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3951

Opinion filed May 20, 1998.

An appeal from the Circuit Court for Levy County. W. O. Beauchamp, Judge.

Appellant, Pro Se.

No appearance for Appellee.


This cause is before the court as an appeal of an order dismissing appellant's motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We treat the appeal as a petition for belated appeal under rule 9.140(j) of the Florida Rules of Appellate Procedure. The trial court previously directed the state to show cause why appellant should not be granted a belated appeal, and the state responded that it did not oppose a grant of belated appeal for appellant. Therefore, it is unnecessary for this court to appoint a commissioner to make a report and recommendation as contemplated by the Committee Notes to rule 9.140(j). See Schubert v. State, 706 So.2d 73 (Fla. 1st DCA 1998) [23 Fla. L. Weekly D893];Hammond v. State, 706 So.2d 73 (Fla. 1st DCA 1998); DuBois v. State, 705 So.2d 713 (Fla. 1st DCA 1998).

Accordingly, the petition for belated appeal is granted. Pursuant to Florida Rule of Appellate Procedure 9.140(j)(5)(D), this opinion shall be filed with the lower tribunal and treated as the notice of appeal. If the petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent appellant on appeal.

WOLF, J., and SMITH, LARRY G., SENIOR JUDGE, CONCUR.


Summaries of

Buie v. State

District Court of Appeal of Florida, First District
May 20, 1998
709 So. 2d 655 (Fla. Dist. Ct. App. 1998)
Case details for

Buie v. State

Case Details

Full title:ANDRE BUIE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 20, 1998

Citations

709 So. 2d 655 (Fla. Dist. Ct. App. 1998)

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