Opinion
No. 1D06-6532.
June 18, 2007.
Petition for Belated Appeal — Original Jurisdiction.
Harry Tipton, pro se, Petitioner.
Bill McCollum, Attorney General, and Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Respondent.
The petition is granted and Kevin Travis Peacock is hereby afforded a belated appeal from the order dismissing with prejudice defendant's pro se motion to vacate sentence and cautioning defendant regarding repetitious filing in case number 2002-CF-5049-A in the Circuit Court for Okaloosa County. Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the circuit court, with directions that it be treated as a notice of appeal. Fla.R.App.P. 9.141(c)(5)(D).
The circuit court is directed to appoint counsel to represent petitioner in the appeal, if he qualifies for such an appointment.
PETITION GRANTED.
KAHN, LEWIS, and HAWKES, JJ., concur.