PER CURIAM.
It appearing that the court improvidently dismissed petitioner’s direct appeal in case number 1D09-1216 as premature rather than holding the appeal in abeyance pursuant to Florida Rule of Appellate Procedure 9.020(h)(3), the petition for writ of habeas corpus is granted, and the appeal in case number 1D09-1216 is reinstated. VAN NORTWICK, CLARK, and RAY, JJ., concur.