Butler v. State

718 So. 2d 1289, 1998 Fla. App. LEXIS 13435, 1998 WL 729679

Opinion

PER CURIAM.

Petitioner seeks a belated appeal, contending that he did not receive a copy of the trial court’s order denying his postconviction motion. Having considered the petition, the supporting documents, and in light of the respondent’s agreement that petitioner is entitled to relief, we grant the petition. The petition for belated appeal of the order of May 15, 1997, which denied a motion for post-conviction relief in Duval County Case Number 94-3796-CF, is granted. Upon issuance of the mandate in this cause, a copy of this opinion shall be provided to the clerk of the lower tribunal for treatment as a notice of appeal. See Fla. R.App. P. 9.140(j)(5)(D).

JOANOS, KAHN and WEBSTER, JJ., concur.