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864 So. 2d 1289

Johnson v. State

District Court of Appeal of Florida

Decided February 10, 2004

District Court of Appeal of Florida · decided 2004-02-10

Decided 2004-02-10

PER CURIAM.

¶1Dana Johnson seeks a belated appeal of the order rendered on or about June 27, 2003, denying Johnson’s motion for post-conviction relief in Duval County Circuit Court case number 16-1988-CF-13729-AXXX-MA. In light of the special master’s findings that Johnson did timely request that his attorney file a notice of appeal and that the order denying the motion failed to apprise Johnson of his right to appeal as required by Florida Rule of Criminal Procedure 3.850(g), Johnson’s petition 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).

ERVIN, BARFIELD and POLSTON, JJ., concur.
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