IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED LEROY ERVIN, Petitioner, v. Case No. 5D16-3088 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed December 9, 2016 Petition for Belated Appeal A Case of Original Jurisdiction.

Leroy Ervin, Malone, pro se.

Pamela Jo Bondi, Attorney General Tallahassee, and, Kaylee Tatman Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

The petition for belated appeal is granted. A copy of this opinion shall be filed with the trial court and be treated as the notice of appeal from the October 14, 2015, judgment and sentence in Case No. 15-CF-461, in the Circuit Court in and for Seminole County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

SAWAYA, ORFINGER, WALLIS, JJ., concur.