Neal v. State

Full title: DWAYNE NEAL, Petitioner, v. STATE OF FLORIDA, Respondent

Court: District Court of Appeal of Florida, Fifth District

Date published: Jul 16, 1999

735 So. 2d 615 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1498

Opinion filed July 16, 1999 JULY TERM 1999

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

James B. Gibson, Public Defender, Daytona Beach, and J. Randall Moore, Assistant Public Defender, Viera, for Petitioner.

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

HARRIS, J.

The petition for belated appeal is granted as the state has failed to dispute the legally sufficient allegation set forth in the 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).

PETERSON, J., concurs.

GRIFFIN, J., concurs specially, without opinion.