Wilson v. State

Full title: DAVID L. WILSON, Petitioner, v. STATE OF FLORIDA, Respondent

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 31, 2000

753 So. 2d 792 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D00-279.

Opinion filed March 31, 2000.

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

James B. Gibson, Public Defender, and John M. Selden, Assistant Public Defender, Daytona Beach, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Counsel's failure to file a timely notice of appeal as requested caused petitioner's appeal to be dismissed. Therefore, the petition for writ of habeas corpus for belated appeal is granted. Because our previous file contains portions of the record, we reinstate petitioner Wilson's appeal in this court's case No. 99-3219. See Johnson v. State, 719 So.2d 986 (Fla. 5th DCA 1998); Rooney v. State, 632 So.2d 212 (Fla. 5th DCA 1993).

PETITION GRANTED.

DAUKSCH, COBB and THOMPSON, JJ., concur.