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Gregory DOCTOR, Petitioner, v. STATE of Florida, Respondent

Florida District Court of Appeal2010-01-21No. No. 1D09-6599
25 So. 3d 701

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Opinion

majority opinion

PER CURIAM.

The petition seeking belated appeal is sua sponte treated as one alleging ineffective assistance of appellate counsel. As counsel concedes, her failure to respond to an order of this court resulted in the dismissal of petitioner’s timely direct appeal in case number 1D09-4531. Under these circumstances, reinstatement of that appeal is appropriate. Accordingly, the petition is granted and the appeal in case number 1D09-4531 will be reinstated by separate order in that proceeding.

VAN NORTWICK and CLARK, JJ., and BERGER, WENDY, Associate Judge, concur.