
    Richard D. BAKER, Appellant, v. STATE of Florida, Appellee.
    No. 87-1043.
    District Court of Appeal of Florida, Fourth District.
    Dec. 9, 1987.
    Richard D. Baker, pro se.
    No appearance required for appellee.
   PER CURIAM.

This is an untimely appeal from a denial of a motion for post-conviction relief under rule 3.850, Florida Rules of Criminal Procedure. We treat the appeal as a petition for writ of habeas corpus seeking belated appeal inasmuch as the tardiness was occasioned by state action. Hoggart v. Wainwright, 490 So.2d 129 (Fla. 1st DCA 1986).

Upon review of the record, we are convinced that no error has been demonstrated.

AFFIRMED.

DOWNEY, DELL and WALDEN, JJ., concur.  