In this petition for belated appeal, the undisputed factual allegations show that petitioner’s rights were frustrated due to *1023ineffective 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.