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

SAMUEL KIRBY BERRY, Petitioner, v. Case No. 5D23-2438 LT Case No. 2022-CF-000950-A STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed August 18, 2023 Petition for Belated Appeal, A Case of Original Jurisdiction.

Jeffrey D. Deen, Regional Counsel, of Office of Regional Criminal Conflict & Civil Regional Counsel, Casselberry, for Petitioner.

No Appearance 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 March 29, 2023 judgment and sentence in Case No. 2022-CF-000950-A, in the Circuit Court in and for Marion County, Florida. See Fla. R. App. P. 9.141(c)(6)(D).

PETITION GRANTED.

EDWARDS, C.J, and MAKAR and KILBANE, JJ., concur.