
    Jose A. GONZALES, Petitioner, v. STATE of Florida, Respondent.
    No. 5D00-3738.
    District Court of Appeal of Florida, Fifth District.
    April 27, 2001.
    Jose A. Gonzales, Milton, pro se.
    Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.
   PER CURIAM.

In this petition for belated appeal, the undisputed factual allegations show that petitioner’s rights were frustrated due to ineffective assistance of counsel. Therefore, we grant the petition for belated appeal. Accordingly, appeal no. 5D01-1121 shall timely proceed in this Court.

PETITION GRANTED.

THOMPSON, C.J., GRIFFIN and ORFINGER, R. B., JJ., concur.  