DANIEL WRIGHT, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
DANIEL WRIGHT, PETITIONER,
THE STATE OF FLORIDA, RESPONDENT
797 So. 2d 647
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We deny the petition of Daniel Wright for a writ of habeas corpus whereby he alleges that his appellate counsel was ineffective. We have taken judicial notice of the briefs in the direct appeal, Wright v. State, 759 So. 2d 730 (Fla. 3d DCA 2000).
Assuming that the points were raised by a proper motion for judgment of acquittal, it is plain that the evidence was legally sufficient to go to the jury on the question of whether the defendant was correctly identified as the perpetrator of the charged crimes. The evidence regarding the offense of burglary was legally sufficient under the test outlined in Foster v. State, 220 So. 2d 406 (Fla. 3d DCA 1969).
Petition denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marlowe v. State, 860 So. 2d 1075 (Fla. 3d DCA 2003)…PER CURIAM. These are further proceedings in Marlowe v. State, 797 So. 2d 647 (Fla. 3d DCA 2001). When the appeal was initially brought, defendant-appellant Marlowe was represented by counsel who filed an appearance. However, counsel never filed a brief. As this was an appeal from the summary denial of a motion for postconvic…
Authorities Cited
- Foster v. State, 220 So. 2d 406 (Fla. 3d DCA 1969)
- Wright v. State, 759 So. 2d 730 (Fla. 3d DCA 2000)