Evans v. Wainwright

Florida District Courts of Appeal
Evans v. Wainwright, 273 So. 2d 90 (1973)
Cross, Owen, Walden

Evans v. Wainwright

Opinion of the Court

PER CURIAM.

Petitioner’s original direct appeal from a judgment and sentence imposed upon conviction of murder in the first degree was frustrated by an untimely filed notice of appeal by court appointed counsel.

We grant petitioner a belated review of the judgment and sentence equivalent to a direct appeal by means of this habeas corpus proceeding. Henninger v. State, 230 So.2d 149 (Fla. 1970).

We dispense with oral argument pursuant to F.A.R. 3.10(e), 32 F.S.A. We have examined the briefs and record, and conclude that petitioner has failed to demonstrate reversible error. Accordingly, the judgment and sentence is affirmed and habeas corpus denied.

Habeas corpus denied.

WALDEN, CROSS and OWEN, JJ„ concur.

Reference

Full Case Name
David EVANS v. Louie L. WAINWRIGHT, Director, Division of Corrections
Cited By
1 case
Status
Published