Opinion
No. 1D00-630
Opinion filed May 17, 2000
Petition for Writ of Habeas Corpus for Belated Appeal — Original Jurisdiction.
Dwayne Toler, pro se, petitioner.
Robert A. Butterworth, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for respondent.
The petition seeking belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j) is granted. Petitioner shall be allowed a belated appeal of the judgment and sentence rendered February 23, 1999, in Escambia County Circuit Court case number 98-1937-CFA-01. The cause is remanded to the trial court with directions to treat this court's mandate as the notice of appeal. Fla.R.App.P. 9.140(j)(5)(D). If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal.
BOOTH, ALLEN and BENTON, JJ., concur.