Sain v. State

District Court of Appeal of Florida

Sain v. State

855 So. 2d 1231, 2003 Fla. App. LEXIS 15263, 2003 WL 22327066

District Court of Appeal of Florida·Decided October 13, 2003·No. No. 1D03-1853·Published·Cited by 1 cases

Opinion

PER CURIAM.

Michael Sain petitions this court for a belated appeal of the order rendered on February 14, 2003, which denied his motion for postconviction relief in Duval County Circuit Court ease number 97-9405-CF-A. According to Sain, he was not timely served with a copy of the order. As the state has failed to sufficiently refute this assertion, we grant the petition. 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 a notice of appeal. See Fla. R.App. P. 9.141(c)(5)(D).

BARFIELD, BENTON and VAN NORTWICK, JJ., concur.

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PER CURIAM.

Michael Sain petitions this court for a belated appeal of the order rendered on February 14, 2003, which denied his motion for postconviction relief in Duval County Circuit Court ease number 97-9405-CF-A. According to Sain, he was not timely served with a copy of the order. As the state has failed to sufficiently refute this assertion, we grant the petition. 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 a notice of appeal. See Fla. R.App. P. 9.141(c)(5)(D).

BARFIELD, BENTON and VAN NORTWICK, JJ., concur.

Sain v. State, 855 So. 2d 1231, 2003 Fla. App. LEXIS 15263, 2003 WL 22327066 (Fla. Ct. App. 2003).

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Opinion

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