ROBERT S. WALKER, III, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Robert S. Walker, III, seeks a belated appeal of a July 27, 2000, order denying his motion for postconviction relief in Es-cambia County Circuit Court case number 94-3801. Walker’s petition was filed well within the time allotted by Florida Rule of Appellate Procedure 9.141(c)(4)(A), and we reject the state’s contention that his petition should be denied because he sets forth no “exceptional circumstances” that prevented him from filing his petition within 30 days after he received notice of entry of the trial court’s order. The state does not otherwise dispute the factual allegations set forth by Walker, which we conclude are legally sufficient to entitle him to the relief sought.
Accordingly, the petition for belated appeal of the order of July 27, 2000, denying petitioner’s motion for postconviction relief in Escambia County Circuit Court case number 94-3801, is granted. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as a notice of appeal. See Fla. R.App. P. 9.141(c)(5)(D).
BOOTH, KAHN and PADOVANO, JJ., concur.
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Calloway v. State, 914 So. 2d 12 (Fla. 2d DCA 2005)…Fla. 2d DCA 2002); Matthews v. State, 891 So. 2d 596 (Fla. 3d DCA 2004); Frumenti v. State, 885 So. 2d 924 (Fla. 5th DCA 2004); McBride v. State, 884 So. 2d 476 (Fla. 4th DCA 2004); Fyler v. State, 852 So. 2d 442 (Fla. 5th DCA 2003); Jones v. State, 791 So. 2d 580 (Fla. 1st DCA 2001); Soldo v. State, 789 So. 2d 1150 (Fla. 3d DCA 2001); Dennis v. State, 784 So. 2d 551 (Fla. 4th DCA 2001); Gordon v. State, 787 So. 2d 892 (Fla. 4th DCA 2001). A defendant qualifies for sentencing under the four classifications o…
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Tillman v. State, 900 So. 2d 633 (Fla. 2d DCA 2005)…ny convictions that qualify him for a habitual offender sentence. See Grant v. State, 815 So. 2d 667, 668 n. 3 (Fla. 2d DCA 2002); see also Fyler v. State, 852 So. 2d 442 (Fla. 5th DCA 2003), review denied, 860 So. 2d 977 (Fla.2003); Jones v. State, 791 So. 2d 580 (Fla. 1st DCA 2001); Saldo v. State, 789 So. 2d 1150 (Fla. 3d DCA 2001); Gordon v. State, 787 So. 2d 892 (Fla. 4th DCA 2001). Thus, we join our sister courts in determining that Blakely, also, does not require that a jury make factual determinations…
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