COLBY SMITH v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA COLBY SMITH, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D06-6374 STATE OF FLORIDA, Respondent. ______________________________/ Opinion filed June 5, 2007. Petition for Belated Appeal -- Original Jurisdiction. Colby Smith, pro se, Petitioner. Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. The petition for belated appeal is granted. Petitioner shall be allowed a belated appeal from the February 23, 2005, judgment and sentence in Alachua County Circuit Court case number 2004-CF-2421-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). If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal. PETITION GRANTED. WOLF, DAVIS, and THOMAS, JJ., CONCUR. 2

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