Haye v. State
Haye v. State
Opinion of the Court
Howard B. Haye (defendant) petitioned this court to issue a writ of habeas corpus allowing him to file a belated appeal. As grounds for the petition, defendant alleged his appellate counsel was ineffective for failing to raise certain issues on direct appeal. We deny the petition because defendant’s claims are without merit.
In June 1990, defendant broke into an Orlando motel room and sexually battered and robbed two female tourists before fleeing in their car. As a result of his crimes, defendant was convicted of two counts of sexual battery with a firearm,
On direct appeal, this court affirmed the defendant’s convictions, but vacated the sentences because the trial court had improperly imposed consecutive mandatory minimum sentences. See Haye v. State, 615 So.2d 762, 767 (Fla. 5th DCA 1993). On remand, the trial court corrected the defendant’s sentences. Defendant again appealed and we affirmed per curiam the amended sentences without an opinion. See Haye v. State, 626 So.2d 699 (Fla. 5th DCA 1993). Defendant now seeks permission to file a belated appeal contending that his appellate counsel was ineffective by reason of his failure to raise the following trial errors on direct appeal: (1) the admission of unsworn testimony; (2) the admission of defendant’s involuntary confession; and (3) the use of improper hearsay as a basis for imposing a departure sentence. The record before us refutes the validity of these claims.
PETITION DENIED.
. § 794.011(3); Fla. Stat. (1989).
. § 812.13(2)(a), Fla. Stat. (1989).
. § 810.02(2)(b), Fla. Stat. (1989).
. § 812.014, Fla. Stat. (1989).
. § 775.087, Fla. Stat. (1989).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.