JOSE P. MARTINEZ v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOSà P. MARTINEZ, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D06-1753 STATE OF FLORIDA, Respondent. ______________________________/ Opinion filed July 18, 2006. Petition for Belated Appeal -- Original Jurisdiction. José P. Martinez, pro se, Petitioner. Charlie Crist, Attorney General, and Tracy Lee Cooper, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. The petition is granted and petitioner shall be allowed a belated appeal from the February 1, 2006, order denying motion to withdraw plea in Alachua County Circuit Court case numbers 01-2004-CF-1164-A and 01-2004-CF-2429-A. 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 the notice of appeal. Fla. R. App. P. 9.141(c)(5)(D). ERVIN, BENTON, and BROWNING, JJ., CONCUR. 2

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