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697 So. 2d 1323

Leath v. State

District Court of Appeal of Florida

Decided September 3, 1997

District Court of Appeal of Florida · decided 1997-09-03

Cited by 1 later decisions — most recently February 1998

1 state decisions

Relies on Leath v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-09-03

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PER CURIAM.

¶1We appointed the Honorable Barry E. Goldstein pursuant to Florida Rule of Appellate Procedure 9.140(j)(1997) to make findings of fact resolving the issue of whether Willie Leath timely requested that his court-appointed trial counsel file a notice of appeal from the order revoking his community control. Leath v. State, 694 So.2d 855 (Fla. 4th DCA 1997). We approve Judge Goldstein’s finding that a timely request was made and adopt his recommendation that Leath be granted leave to file a belated appeal from the revocation order.

¶2The petition for writ of habeas corpus is hereby granted. As provided by Florida Rule of Appellate Procedure 9.140(j)(5)(D)(1997), this Court’s opinion and mandate shall be filed with the lower tribunal and treated as the notice of appeal.

STONE, C.J., and DELL and GUNTHER, JJ., concur.
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