DAVID DARYL WING, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hoyt Patterson v. State, 736 So. 2d 1270 (Fla. 4th DCA 1999)
  …nt the petition. The complication of a simple application of Nava to this case is that in a prior opinion of this court we cited McCray v. State, 699 So. 2d 1366 (Fla.1997), as authority for denying a petition for belated appeal. See Wing v. State, 704 So. 2d 1154, 1155 (Fla. 4th DCA), rev. dismissed, 717 So. 2d 542 (Fla.1998). In McCray, the petitioner had filed a petition for writ of habe-as corpus based on ineffective assistance of appellate counsel, not for a belated appeal. The petition predated the rule…
• Donovan Daley v. State, 710 So. 2d 757 (Fla. 4th DCA 1998)
  …, we treat this case as if Daley had filed his request for a belated appeal in this court. Because the request was made more than five years after Daley’s conviction and sentence became final, relief is presumptively barred by laches. Wing v. State, 704 So. 2d 1154 (Fla. 4th DCA 1998); McCray v. State, 699 So. 2d 1366 (Fla.1997). Daley cannot overcome that presumption by filing a sworn statement that his trial attorney actively misled him about the status of the appeal, since he alleged in his sworn post-con…
• Gillen v. Moore, 745 So. 2d 394 (Fla. 4th DCA 1999)
  …AM. We deny John Thomas Gillen’s second petition for writ of habeas corpus, in which he again seeks a belated appeal of his 1990 conviction and sentence. His first petition was denied on the ground that it was barred by laches under Wing v. State, 704 So. 2d 1154 (Fla. 4th DCA 1998). After this court receded from Wing in Patterson v. State, 736 So. 2d 1270 (Fla. 4th DCA 1999)(en banc), Gillen filed a second petition. Patterson does not permit Gillen to file a second belated appeal request because the cha…

Authorities Cited

• Ervin McCRAY v. State, 699 So. 2d 1366 (Fla. 1997)