CARVER ASKEW, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CARVER ASKEW, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D13-1620 STATE OF FLORIDA, Respondent. ___________________________/ Opinion filed September 3, 2013. Petition Seeking Belated Appeal -- Original Jurisdiction. Carver Askew, pro se, Petitioner. Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. Rendition of the lower tribunal s order of August 27, 2012, denying petitioner s motion for postconviction relief in Duval County Circuit Court case numbers 2009CF-011922 and 2009-CF-012286, was postponed pending rendition of the November 15, 2012, order denying petitioner s timely motion for rehearing. Accordingly, the motion for extension of time mailed from petitioner s place of confinement on December 10, 2012, which clearly expressed an intent and desire to appeal, is construed as a timely notice of appeal directed to the order of August 27, 2012. 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. Upon consideration of the foregoing, the petition seeking belated appeal is DENIED as MOOT. VAN NORTWICK, SWANSON, and OSTERHAUS, JJ., CONCUR. 2

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