Florida District Courts of Appeal, 2003

Sain v. State

Sain v. State
Florida District Courts of Appeal · Decided October 13, 2003 · Barfield, Benton, Nortwick
855 So. 2d 1231; 2003 Fla. App. LEXIS 15263; 2003 WL 22327066 (Southern Reporter, Second Series)
Sain v. State

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Opinion of the Court

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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