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984 So. 2d 1278

Docket No. 1D08-1529.

Whitt v. State

Jesse T. WHITT, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida · decided 2008-06-27

Decided 2008-06-27

¶1Jesse T. Whitt, pro se, Petitioner.

¶2Bill McCollum, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent.

¶3PER CURIAM.

¶4The circuit court is directed to treat petitioner's September 4, 2002, motion for enlargement of time as a timely notice of appeal for review of the judgment and sentence in Columbia County Circuit *1279 Court case number 02-170-CF. See Banks v. State,33 Fla. L. Weekly D464, ___ So.2d ___ (Fla. 1st DCA Feb.11, 2008). The petition seeking belated appeal is therefore denied as moot. The circuit court shall transmit the motion, so construed as a notice of appeal, to this court within 15 days of issuance of mandate in this cause. The circuit court is also directed to consider whether petitioner is entitled to appointment of counsel for that appeal.

¶5PETITION SEEKING BELATED APPEAL IS DENIED AS MOOT.

¶6WOLF, THOMAS, and ROBERTS, JJ., concur.

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