The petition is granted and Luverne Council is hereby afforded a belated appeal from judgment and sentence in case number 2008-CF-000428-A ip the Circuit Court for Escambia County. See Kelly v. State, 959 So.2d 1282 (Fla. 1st DCA 2007). Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the circuit court who shall treat it as a notice of appeal. Fla. RApp. P. 9.141(c)(5)(D).

The trial court is directed to appoint counsel to represent petitioner in his appeal if he qualifies for such an appointment.

PETITION GRANTED.