Diggs v. State

Full title: THOMAS DIGGS, Petitioner, v. STATE OF FLORIDA, Respondent

Court: District Court of Appeal of Florida, Fifth District

Date published: May 28, 1999

732 So. 2d 501 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-955

Opinion filed May 28, 1999

Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.

Thomas Diggs, Immokalee, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

The petition for belated appeal is granted as the state has failed to dispute the legally sufficient allegation set forth in Mr. Diggs' petition. See Lewis v. State, 713 So.2d 1029 (Fla. 5th DCA 1998); see also Denson v. State, 710 So.2d 144 (Fla. 5th DCA 1998). Upon filing hereof, the trial court shall treat this order as a notice of appeal. See Fla. R. App. P. 9.140(j)(5)(D).

PETITION GRANTED.

SHARP, W., GOSHORN AND ANTOON, JJ., concur.