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Anderson v. State

District Court of Appeal of Florida, First District
Aug 28, 2009
16 So. 3d 313 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D09-1648.

August 28, 2009.

Petition for Belated Appeal — Original Jurisdiction.

Alvin Leon Anderson, pro se, Petitioner.

Bill McCollum, Attorney General, Tallahassee, for Respondent.


Alvin Leon Anderson seeks a belated appeal of a judgment and sentence rendered on December 10, 2008, in Walton County Circuit Court case number 07-CF-000954. Implementing the procedure we recently adopted in Staley v. State, 12 So.3d 778 (Fla. 1st DCA 2009), we relinquished jurisdiction to the lower tribunal with directions to appoint a special master and conduct such proceedings as were necessary to issue a written report and recommendation concerning petitioner's entitlement to a belated appeal. We take this of opportunity to commend the special master, Judge Kelvin C. Wells, the Office of the State Attorney, and counsel appointed for purposes of representing petitioner at the evidentiary hearing below for their conscientious efforts to discharge their respective obligations in an expedient and efficient fashion. Consistent with the special master's findings and his recommendation, the petition seeking belated appeal is granted, and upon issuance of mandate, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. See Fla.R.App.P. 9.141(c)(5)(D). If petitioner qualifies for the appointment of counsel at public expense, the lower tribunal shall appoint counsel to represent him on appeal.

HAWKES, C.J., WOLF and BROWNING, JJ., concur.


Summaries of

Anderson v. State

District Court of Appeal of Florida, First District
Aug 28, 2009
16 So. 3d 313 (Fla. Dist. Ct. App. 2009)
Case details for

Anderson v. State

Case Details

Full title:Alvin Leon ANDERSON, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, First District

Date published: Aug 28, 2009

Citations

16 So. 3d 313 (Fla. Dist. Ct. App. 2009)