
    Howard G. TOOLE, Petitioner, v. STATE of Florida, Respondent.
    No. 98-1115.
    District Court of Appeal of Florida, First District.
    Sept. 17, 1998.
    Howard G. Toole, petitioner, pro se.
    Robert A. Butterworth, Attorney General, and Trisha E. Meggs, Assistant Attorney General, Tallahassee, for respondent.
   PER CURIAM.

Howard Toole sought a belated appeal and, after considering the contravening arguments presented by the respondent, jurisdiction was relinquished to the circuit court with directions to appoint a commissioner, conduct a hearing, and issue a written recommendation. See Schubert v. State, 23 Fla. L. Weekly D1353 (Fla. 1st DCA June 3, 1998). The commissioner recommended that a belated appeal be granted, and the respondent has not timely opposed that recommendation. Accordingly, the petition for writ of habeas corpus for a belated appeal from the order of August 11, 1997, which denied a motion to correct the sentence in Bay County ease number 96-397-G, is granted. Upon issuance of a mandate in this cause, a copy of this opinion shall be provided to the clerk of the lower tribunal for treatment as a notice of appeal. See Fla. R.App. P. 9.140(j)(5)(D).

JOANOS, MINER and WEBSTER, JJ., concur.  