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893 So. 2d 699

Capellan v. State

District Court of Appeal of Florida

Decided February 18, 2005

District Court of Appeal of Florida · decided 2005-02-18

Decided 2005-02-18

PER CURIAM.

¶1John Capellán has filed a petition.seeking a belated appeal alleging that he requested his trial counsel to file an appeal on his behalf, but one was never filed. In its response, the Attorney General relates that it contacted Capellan’s trial counsel, who conceded that petitioner had made a timely request for an appeal but, through inadvertence, he failed to filed the notice of appeal. The Attorney • General candidly acknowledges that Capellán is entitled to receive a belated appeal. Capellan’s petition for a belated appeal is granted.

¶2PETITION GRANTED.

SHARP, W., THOMPSON and PALMER, JJ., concur.
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