Broxson v. Wainwright

District Court of Appeal of Florida

Broxson v. Wainwright

271 So. 2d 478

CourtDistrict Court of Appeal of Florida

DecidedJanuary 10, 1973

DocketNo. S-273

StatusPublished

Cited by3 cases

This text of 271 So. 2d 478 (Broxson v. Wainwright) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Broxson v. Wainwright, 271 So. 2d 478 (Fla. Ct. App. 1973).

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Opinion

PER CURIAM.

Petitioner, Julius P. Broxson, in seeking a writ of habeas corpus alleges that in the year 1957 he was convicted, by jury verdict, in the Circuit Court of Santa Rosa County, Florida, of the crime of robbery, and sentenced to a period of twenty years. Petitioner further alleges that he was rep[479]*479resented by private counsel; and that after his conviction, following counsel’s advice, he informed the court of his desire to appeal and his inability to raise funds to prosecute same. This court’s records reflect that on March 28, 1967, a judgment of affirmance was entered pursuant to petitioner’s collateral attack on the foregoing judgment of conviction (197 So.2d 61).

In Remp v. State, 248 So.2d 677 (1 Fla.App.1970), this court in considering a similar factual situation held the doctrine of laches applicable which precluded the right of petitioner to a belated appeal.

Upon the authority of Remp v. State, supra, we decline to issue the rule nisi and the petition for writ of habeas corpus is hereby denied.

SPECTOR, C. J., and RAWLS and JOHNSON, JJ., concur.

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PER CURIAM.

Petitioner, Julius P. Broxson, in seeking a writ of habeas corpus alleges that in the year 1957 he was convicted, by jury verdict, in the Circuit Court of Santa Rosa County, Florida, of the crime of robbery, and sentenced to a period of twenty years. Petitioner further alleges that he was rep[479]*479resented by private counsel; and that after his conviction, following counsel’s advice, he informed the court of his desire to appeal and his inability to raise funds to prosecute same. This court’s records reflect that on March 28, 1967, a judgment of affirmance was entered pursuant to petitioner’s collateral attack on the foregoing judgment of conviction (197 So.2d 61).

In Remp v. State, 248 So.2d 677 (1 Fla.App.1970), this court in considering a similar factual situation held the doctrine of laches applicable which precluded the right of petitioner to a belated appeal.

Upon the authority of Remp v. State, supra, we decline to issue the rule nisi and the petition for writ of habeas corpus is hereby denied.

SPECTOR, C. J., and RAWLS and JOHNSON, JJ., concur.

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271 So. 2d 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broxson-v-wainwright-fladistctapp-1973.

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