Florida District Courts of Appeal, 1973

Milliner v. State

Florida District Courts of Appeal · Decided October 24, 1973 · Boardman, Hobson, McNulty

284 So. 2d 231; 1973 Fla. App. LEXIS 6472 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Johnson v. Johnson (Fla. Dist. Ct. App. 1973)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Milliner appeals an order denying his re-application for hearing of a motion to vacate sentence under R.Cr.P. 3.850, 33 F. S.A., in which he alleged that his direct appeal had been frustrated by his lack of knowledge of appellate procedure and by his psychiatric instability.

The proper method for raising the issue of deprivation of direct appeal is by petition for writ of habeas corpus. Baggett v. Wainwright, Fla.1969, 229 So.2d 239; State v. Wooden, Fla.1971, 246 So.2d 755; Saunders v. Wainwright, Fla.1971, 254 So.2d 197.

The order appealed is

Affirmed.

HOBSON, A. C. J., and McNULTY and BOARDMAN, JJ., concur.

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