Florida District Courts of Appeal, 1989

Davis v. Dugger

Davis v. Dugger
Florida District Courts of Appeal · Decided May 31, 1989 · Anstead, Glickstein, Gunther
543 So. 2d 877; 14 Fla. L. Weekly 1323; 1989 Fla. App. LEXIS 3005; 1989 WL 55982 (Southern Reporter, Second Series)

Davis v. Dugger

Opinion of the Court

PER CURIAM.

We grant the petition for writ of habeas corpus to allow petitioner to file a belated appeal, limited to the issue of double jeopardy based on his claim that he was convicted on multiple counts for the same, individual act.

We sua sponte strike the Attorney General as an “additional respondent.”

GLICKSTEIN and GUNTHER, JJ., concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

I would deny habeas relief here without prejudice to petitioner to raise his double jeopardy claim in a post-conviction relief proceeding in the trial court.

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