HENRY D. JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1974-10-17
No. U-402
JOHNSON, Acting C. J., and SPEC-TOR and BOYER, JJ., concur.
301 So. 2d 490 Florida District Court of Appeal, First District (1974) Positive Treatment
Cited by 2 cases
Topics
Timeliness Of Notice Of Appeal Timeliness Notice Of Appeal Prejudicial Error

Explore caselaw by topic → Browse Timeliness Of Notice Of Appeal cases and more on FLexlaw

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks reversal of his conviction and sentence after being found guilty by a jury of manslaughter. We note at the outset that appellant’s notice of appeal from the final judgment was not timely filed. This Court thus having no jurisdiction to proceed under said appeal, we sua sponte dismiss the same. However, it appearing from the petition for writ of habeas corpus that the delay was a result of State inaction, we hereby grant to petitioner-appellant a “Hollingshead Appeal" (Hollingshead v. Wainwright, 194 So. 2d 577 (Fla.1967)), and will proceed to consider this cause on the merits under this Court’s original Case No. U-402, which is hereby reinstated. We have carefully reviewed the entire record on appeal and the briefs submitted by counsel. Upon our consideration thereof, we conclude that appellant has failed to demonstrate that prejudicial error was committed in the proceedings below, particularly with reference to the admittance into evidence of two incriminatory statements made by appellant. Accordingly, the judgment and sentence appealed herein is affirmed.

JOHNSON, Acting C. J., and SPEC-TOR and BOYER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Arsoreda Byrd v. State, 353 So. 2d 1228 (Fla. 4th DCA 1978)
    …ing the Defendant on probation. Recht v. State, 344 So. 2d 885 (Fla. 4th DCA 1977). Since the error arose as a result of state action, as so many things nowadays seem to do, we shall assume jurisdiction as the First District did in Jackson v. State, 301 So. 2d 490 (Fla. 1st DCA 1974), and treat this as a Hollingshead appeal. Hollingshead v. Wainwright, 194 So. 2d 577 (Fla.1967). This indigent Appellant was ordered, as a condition of her probation, to pay court costs. This is error. Section 939.15, Florida St…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw