Donshay Riggins seeks a belated appeal, stating under oath that he timely requested his trial counsel to appeal a judgment and sentence and the request was not honored. The state has responded that, in light of trial counsel’s inability to recall whether such a request was made, it will not oppose the petition.

Accordingly, the petition for belated appeal from judgment and sentence in Gadsden County case number 96-469-CFC is granted. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the trial court for treatment as a notice of appeal. See Fla. R.App. P. 9.140(j)(5)(D). If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal.