District Court of Appeal of Florida October 5, 2007, No. 5D07-2381 (Solano v. State)

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United States · · · 05-10-2007

PER CURIAM.

Although labeled a petition for belated appeal, what Petitioner really contends is that he timely filed a rule 3.850 motion, but it was lost and never addressed by the trial court. Because this petition involves issues of fact for resolution by the trial court, we transfer this petition to the circuit court to determine if Petitioner is entitled to relief. See Mathews v. State, 958 So.

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