David Lawrence v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

PER CURIAM: The petitioner seeks a rehearing of the order of this court dismissing his appeal as not timely filed. We ordered dismissal after it was made known to the court that notice of appeal was not filed until more than 60 days after denial by the district court of writ of habeas corpus. Documents now are presented to us which tend to show that petitioner was represented in the habeas court by a public defender, who was notified of the denial of the writ within thirty days after the order of denial was entered but did not notify petitioner of the denial until after the thirty days had expired. We draw no conclusions of fact or of law on the partial and fragmentary record now before us, but on such a record and with the petitioner appearing pro se we are unwilling to dismiss the appeal under these circumstances, Cf. Fallen v.