McPhee v. Dugger

District Court of Appeal of Florida

McPhee v. Dugger

509 So. 2d 411, 12 Fla. L. Weekly 1704, 1987 Fla. App. LEXIS 9367

District Court of Appeal of Florida·Decided July 15, 1987·No. No. 87-1153·Published

Opinion

PER CURIAM.

Petitioner was convicted and sentenced on or about November 17, 1986 for burglary of a dwelling and aggravated battery. The state agrees that petitioner has shown that he is entitled to belated appellate review. See Baggett v. Wainwright, 229 So.2d 239 (Fla.1969) and State v. Meyer, 430 So.2d 440 (Fla.1983).

Therefore we grant petitioner’s petition for writ of habeas corpus review. We remand this cause to the trial court with [412] instructions to appoint appellate counsel in his belated appeal.

HABEAS CORPUS GRANTED.

DOWNEY, LETTS and DELL, JJ., concur.

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PER CURIAM.

Petitioner was convicted and sentenced on or about November 17, 1986 for burglary of a dwelling and aggravated battery. The state agrees that petitioner has shown that he is entitled to belated appellate review. See Baggett v. Wainwright, 229 So.2d 239 (Fla.1969) and State v. Meyer, 430 So.2d 440 (Fla.1983).

Therefore we grant petitioner’s petition for writ of habeas corpus review. We remand this cause to the trial court with [412] instructions to appoint appellate counsel in his belated appeal.

HABEAS CORPUS GRANTED.

DOWNEY, LETTS and DELL, JJ., concur.

McPhee v. Dugger, 509 So. 2d 411, 12 Fla. L. Weekly 1704, 1987 Fla. App. LEXIS 9367 (Fla. Ct. App. 1987).

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