Opinion
Case No. 1D01-2105
Opinion filed August 10, 2001.
Petition for Writ of Habeas Corpus for Belated Appeal — Original Jurisdiction.
Robert S. Walker, III, pro se, petitioner.
Robert A. Butterworth, Attorney General, and Douglas T. Squire, Assistant Attorney General, Tallahassee, for respondent.
Robert S. Walker, III, seeks a belated appeal of a July 27, 2000, order denying his motion for post conviction relief in Escambia County Circuit Court case number 94-3801. Walker's petition was filed well within the time allotted by Florida Rule of Appellate Procedure 9.141(c)(4)(A), and we reject the state's contention that his petition should be denied because he sets forth no "exceptional circumstances" that prevented him from filing his petition within 30 days after he received notice of entry of the trial court's order. The state does not otherwise dispute the factual allegations set forth by Walker, which we conclude are legally sufficient to entitle him to the relief sought.
Accordingly, the petition for belated appeal of the order of July 27, 2000, denying petitioner's motion for post conviction relief in Escambia County Circuit Court case number 94-3801, is granted. Upon issuance of mandate in this cause, 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).
BOOTH, KAHN and PADOVANO, JJ., concur.