DAVID EVANS, APPELLANT,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, APPELLEE

Fla. 4th DCA | 1973-02-15
No. 72-327
WALDEN, CROSS and OWEN, JJ„ concur.
273 So. 2d 90 Florida District Court of Appeal, Fourth District (1973) Caution
Cited by 10 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner’s original direct appeal from a judgment and sentence imposed upon conviction of murder in the first degree was frustrated by an untimely filed notice of appeal by court appointed counsel.

We grant petitioner a belated review of the judgment and sentence equivalent to a direct appeal by means of this habeas corpus proceeding. Henninger v. State, 230 So.2d 149 (Fla.1970).

We dispense with oral argument pursuant to F.A.R. 3.10(e), 32 F.S.A. We have examined the briefs and record, and conclude that petitioner has failed to demonstrate reversible error. Accordingly, the judgment and sentence is affirmed and habeas corpus denied.

Habeas corpus denied.

WALDEN, CROSS and OWEN, JJ„ concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Ingersoll v. State, 305 So. 2d 873 (Fla. 4th DCA 1974)
    …PER CURIAM. The record reflects a sufficient showing that appellant’s guilty plea was given freely, voluntarily and knowingly. We affirm upon authority of Sumner v. State, 289 So. 2d 434 (1st D.C.A.Fla.1974); Hall v. State, 273 So. 2d 90 (4th D.C.A.Fla.1973). Affirmed. OWEN, C. J., and WALDEN and CROSS, JJ., concur.…
  • Lurea Clark v. State, 317 So. 2d 870 (Fla. 1st DCA 1975)
    …s is not a silent record and we can presume from this record that there was an adequate waiver by appellant of the previously enumerated constitutional rights. See Kelly v. State, Fla.App. (1st), 254 So. 2d 22 (1971); Hall v. State, Fla. App. (4th), 273 So. 2d 90 (1973); Dill v. State, Fla.App. (1st), 248 So. 2d 502 (1971); People v. Ferguson, 383 Mich. 645, 178 N.W. 2d 490; and Ford v. State, Fla.App. (1st), 317 So. 2d 473. Opinion filed August 12, 1975. Affirmed. RAWLS, Acting C. J., and MILLS, J., concu…
  • Lewis v. State, 315 So. 2d 199 (Fla. 1st DCA 1975)
    …PER CURIAM. Affirmed on authority of Hall v. State, 273 So. 2d 90 (Fla.App.1973); and Sumner v. State, 289 So. 2d 434 (Fla.App.1974). BOYER, C. J., and MILLS and Mc-CORD, JJ., concur.…

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