JERRY BATEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JERRY BATEMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
269 So. 2d 694
Florida District Court of Appeal, Fourth District (1972)
Positive Treatment
Cited by 2 cases
Opinion of the Court
A motion filed in the trial court pursuant to Fla.R.Crim.P. 3.850, 33 F.S.A., is an improper procedure by which to raise the question of a frustrated appeal. The appropriate procedure to seek delayed appellate review due to frustration of appeal by state action is by petition for writ of habeas corpus to the appropriate appellate court. Powe v. State, 216 So.2d 446 (Fla.1968); Jackson v. State, 227 So.2d 354 (Fla.App.1969).
Accordingly, our decision affirming the trial court’s denial of the Rule 3.850 motion is without prejudice to the appellant to proceed by way of habeas corpus.
Affirmed.
REED, C. J., and CROSS and OWEN, JJ., concur.
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Citator
Cited By
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State v. Spiegel, 273 So. 2d 764 (Fla. 1973)…Certiorari denied. 269 So. 2d 694. CARLTON, C. J., and ROBERTS, BOYD, McCAIN and DEKLE, JJ., concur.…
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Mancini v. State, 279 So. 2d 346 (Fla. 4th DCA 1973)…s presence as there was no evidence when the defendant was last in the premises prior to the time of the raid and exclusive possession and control of the house was not shown. The judgment and sentence were accordingly reversed. In Spiegel v. State, 269 So. 2d 694 (Fla.App.1972), this court again determined that the state failed to present sufficient evidence to sustain a conviction for possession. In Spiegel, the defendant was the driver of a car containing four passengers. Sitting in the rear was a female f…
Authorities Cited
- Powe v. State, 216 So. 2d 446 (Fla. 1968)
- Jackson v. State, 227 So. 2d 354 (Fla. 4th DCA 1969)