Florida District Courts of Appeal, 1983

Gray v. Wainwright

Gray v. Wainwright
Florida District Courts of Appeal · Decided December 2, 1983 · Mills, Shivers, Zehmer
442 So. 2d 312; 1983 Fla. App. LEXIS 24466 (Southern Reporter, Second Series)

Gray v. Wainwright

Opinion of the Court

MILLS, Judge.

Gray appeals an order of the Circuit Court summarily dismissing his petition for writ of habeas corpus. We affirm because the issue of violation of the speedy trial rule, the ground on which Gray challenges his detention, could have been raised on direct appeal. Nelson v. State, 406 So.2d 539 (Fla. 4th DCA 1981). Gray took a direct appeal. Gray v. State, 381 So.2d 782 (Fla. 4th DCA 1980). Habeas corpus is not a substitute for direct appeal. Hargrave v. Wainwrigkt, 388 So.2d 1021 (Fla. 1980).

AFFIRMED.

SHIVERS and ZEHMER, JJ., concur.

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