ELMER MOORE, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ELMER MOORE, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D09-1400 STATE OF FLORIDA, Respondent. _______________________________/ Opinion filed August 21, 2009. Petition for Belated Appeal -- Original Jurisdiction. Elmer Moore, pro se, Petitioner. Bill McCollum, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. The petition for belated appeal is denied. However, the correspondence filed in this court on December 29, 2008, in case number 1D08-0654 shall be treated as a timely notice of appeal to review the December 2, 2008, circuit court order denying defendant s motion for postconviction relief in Duval County circuit Court case number 16-2006-CF-0786-AXXX. ALLEN, DAVIS, and PADOVANO, JJ., CONCUR.

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