MICHAEL NELSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
This is an appeal from denial of appellant’s petition for writ of habeas corpus. The basis for relief at the trial level was violation of the speedy trial rule in the proceedings which led to appellant’s conviction. Habeas corpus may not be used as a vehicle to raise issues appropriate for direct appeal. Hargrave v. Wainwright, 388 So. 2d 1021 (Fla. 1980). Appellant indicates in his brief that the time for appeal from his conviction has not ripened. If that be the fact, then the rule we rely on applies with even greater force. See Ferenc v. Thursby, 212 So. 2d 887 (Fla. 1st DCA 1968).
AFFIRMED.
LETTS, C. J., and HERSEY and GLICK-STEIN, JJ., concur.
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Strange v. State, 579 So. 2d 859 (Fla. 1st DCA 1991)…. 2d 187 (Fla.1989). Ordinarily, evaluation of testimony concerning self defense is the function of the trier of fact. Bristow v. State, 338 So. 2d 553 (Fla. 3d DCA 1976); Payton v. State, 200 So. 2d 255 (Fla. 3d DCA 1967). See also Barnes v. State, 406 So. 2d 539 (Fla. 1st DCA 1981), rev. denied, 413 So. 2d 877 (Fla. 1982) (in a proceeding where the defendant was convicted of second degree murder of her husband, the lower court did not err in denying the defendant’s motion for judgment of acquittal and the e…
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Gray v. Louie L. Wainwright, 442 So. 2d 312 (Fla. 1st DCA 1983)…ircuit 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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Robinson v. State, 462 So. 2d 471 (Fla. 1st DCA 1984)…damental injustices, unrelated to evidentiary shortcomings, which occurred at trial. Retrial in these circumstances is neither foreclosed, nor compelled, by double jeopardy principles. Each situation is uniquedcH/d, at 1126; accord, Barnes v. State, 406 So. 2d 539 (Fla. 1st DCA 1981); review denied, 413 So. 2d 877 (Fla.1982). Typically a defendant’s loss of appellate review due to the untimely filing of a notice of appeal is reviewed by us upon writ of habeas corpus or similar post-conviction remedies, see S…
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- Lenson A. Hargrave v. Louie L. Wainwright, 388 So. 2d 1021 (Fla. 1980)
- Ferenc v. Thursby, 212 So. 2d 887 (Fla. 1st DCA 1968)