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920 So. 2d 166

Barry v. State

District Court of Appeal of Florida

Decided February 6, 2006

District Court of Appeal of Florida · decided 2006-02-06

Relies on Pinellas Suncoast Transit Authority v. Indish-Militello

Decided 2006-02-06

PER CURIAM.

¶1The appellant filed a motion for postcon-viction relief pursuant to Florida Rule of Criminal Procedure 3.850. We affirm the trial court’s order without comment except to the extent that it purports to grant the appellant a belated appeal from his revocation of probation. The trial court lacked jurisdiction to grant a belated appeal. See Fla. R.App. P. 9.141(c); Lane v. State, 819 So.2d 1011, 1012 (Fla. 1st DCA 2002). We therefore vacate that part of the order granting a belated appeal without prejudice to the appellant’s right to seek a belated appeal in this Court pursuant to *167Florida Rule of Appellate Procedure 9.141(c).

¶2AFFIRMED IN PART; VACATED IN PART.

KAHN, C.J., LEWIS and POLSTON, JJ., concur.
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