NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED FREDERICK JAMES VAN AUKEN v. STATE OF FLORIDA

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District Court of Appeal of Florida, Fifth District.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED FREDERICK JAMES VAN AUKEN, Petitioner, v. STATE OF FLORIDA, Respondent.

Case No. 5D14–405

Decided: September 19, 2014

Frederick James Van Auken, Crawfordville, pro se. Pamela Jo Bondi, Attorney General Tallahassee, Wesley Heidt andMarjorie Vincent–Tripp, Assistant Attorneys General, Daytona Beach, for Respondent.

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 January 2012 order dismissing motion for postconviction relief, filed in Case No.2003–CF–001427, in the Circuit Court in and for Hernando County, Florida.   See Fla. R.App. P. 9.141(c)(6)(D).

ORFINGER, LAWSON, and COHEN, JJ., concur.

PER CURIAM.

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