Opinion
No. 3D01-1266.
July 13, 2001.
Upon consideration, petitioner's motion for rehearing is hereby granted. The petition for belated appeal is granted. This order shall serve as a timely notice of appeal from the judgment and sentence. The circuit court clerk shall promptly certify this order and return it to this Court. Upon receipt of the certified order, a new appellate case number will be assigned to the appeal.
Upon receipt of the acknowledgment letter of the new appeal, the Public Defender shall forthwith file the necessary motions to cause the transcript of testimony to be transcribed and filed and the appeal shall proceed in accordance with the Florida appellate rules governing criminal appeals.
SCHWARTZ, C.J., and JORGENSON and COPE, JJ., concur.
Because the petitioner filed the petition within two (2) years of the decision in State v. Trowell, 739 So.2d 77 (Fla. 1999), I would grant rehearing and allow the belated appeal. See Fla.R.App.P. 9.141(c)(4).