JOSE R. TORNA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1978-04-25
No. 77-375
Before KEHOE, J., and BOYD, JOSEPH A., Jr., Associate Judge and CHARLES CARROLL (Ret.), Associate Judge.
358 So. 2d 1109 Florida District Court of Appeal, Third District (1978) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See, e. g., State ex rel. Butler v. Cullen, 253 So. 2d 861 (Fla.1971); Jester v. State, 339 So. 2d 242 (Fla. 3d DCA 1976); Crawford v. State, 334 So. 2d 141 (Fla. 3d DCA 1976); Wigfall v. State, 323 So. 2d 587 (Fla. 3d DCA 1975); Rosenwasser v. Smith, 308 So. 2d 600 (Fla. 3d DCA 1975); Section 933.09, Florida Statutes (1975); and Fla.R. Crim.P. 3.190.


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  • Sims v. State, 998 So. 2d 494 (Fla. 2008)
    …endant of neither due process nor effective assistance of counsel. The case of Wainwright v. Torna arose out of Florida and is particularly instructive. The Third District Court of Appeal affirmed the defendant’s felony convictions. Torna v. State, 358 So. 2d 1109 (Fla. 3d DCA 1978). Torna instructed counsel to file a petition for writ of certiorari in this Court.17 The petition was untimely, however, and we dismissed it. Torna v. State, 362 So. 2d 1057 (Fla.1978). Torna contested our dismissal in federal cou…
  • Wainwright v. Torna, 455 U.S. 586 (U.S. 1982)
    …Per Curiam. Respondent is in custody pursuant to several felony convictions that were affirmed by the Third District Court of Appeal of Florida. Torna v. State, 358 So. 2d 1109 (1978). The Florida Supreme Court dismissed an application for a writ of certiorari, on the ground that the application was not filed timely.1 362 So. 2d 1057 (1978). A petition for rehearing and clarification was later denied. App. to Pet. for Cert…
  • Torna v. Louie L. Wainwright, 649 F.2d 290 (5th Cir. 1981)
    …to file a imely petition for writ of certiorari to the Florida Supreme Court. The record reflects that Torna appealed directly from his conviction to the Third District Court of Appeals for the State of Florida. That court affirmed. Torna v. State, 358 So. 2d 1109 (Fla. 3d DCA 1978). Torna then attempted to invoke the jurisdiction of the Supreme Court of Florida by application for a writ of certiorari. The retained counsel failed to timely file the application and the Supreme Court dismissed for lack of juris…

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