Opinion
No. 4D00-0931.
Opinion filed August 2, 2000. JULY TERM 2000
Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 96-22789CF.
Kayo E. Morgan, Fort Lauderdale, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.
We grant appellant's petition for a belated appeal of the order summarily denying his motion for postconviction relief, filed one day too late by retained postconviction counsel, see Phillips v. State, 701 So.2d 117 (Fla. 4th DCA 1997) (allowing belated appeal where petitioner alleged she asked postconviction counsel to file appeal and counsel failed to do so), and summarily affirm the order of denial without further discussion.
WARNER, C.J., DELL and GUNTHER, JJ., concur.