MICHAEL BENJAMIN v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MICHAEL BENJAMIN, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D03-3886 STATE OF FLORIDA, Respondent. Opinion filed December 31, 2003. Petition Seeking Belated Appeal -- Original Jurisdiction. Michael Benjamin, pro se, petitioner. Charles Crist, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for respondent. PER CURIAM. The petition is granted and Michael Benjamin is hereby afforded a belated appeal from the order denying postconviction relief in Nassau County case number 02-97-CF. Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the circuit court, and shall be treated as a notice of appeal. Fla. R. App. P. 9.141(c)(5)(D). PETITION GRANTED . KAHN, WEBSTER and DAVIS, JJ., concur. 2

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