
    Thomas DIGGS, Petitioner, v. STATE of Florida, Respondent.
    No. 99-955.
    District Court of Appeal of Florida, Fifth District.
    May 28, 1999.
    
      Thomas Diggs, Immokalee, pro se.
    Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Chan-gus, Assistant Attorney General, Daytona Beach, for Respondent.
   PER CURIAM.

The petition for belated appeal is granted as the state has failed to dispute the legally sufficient allegation set forth in Mr. Diggs’ petition. See Lewis v. State, 713 So.2d 1029 (Fla. 5th DCA 1998); see also Denson v. State, 710 So.2d 144 (Fla. 5th DCA 1998). Upon filing hereof, the trial court shall treat this order as a notice of appeal. See Fla. R.App. P. 9.140(j)(5)(D).

PETITION GRANTED.

W. SHARP, GOSHORN AND ANTOON, JJ., concur.  