Milliner v. State

District Court of Appeal of Florida

Milliner v. State

284 So. 2d 231, 1973 Fla. App. LEXIS 6472

District Court of Appeal of Florida·Decided October 24, 1973·No. No. 72-129·Published·Cited by 1 cases

Opinion

PER CURIAM.

Milliner appeals an order denying his re-application for hearing of a motion to vacate sentence under R.Cr.P. 3.850, 33 F. S.A., in which he alleged that his direct appeal had been frustrated by his lack of knowledge of appellate procedure and by his psychiatric instability.

The proper method for raising the issue of deprivation of direct appeal is by petition for writ of habeas corpus. Baggett v. Wainwright, Fla.1969, 229 So.2d 239; State v. Wooden, Fla.1971, 246 So.2d 755; Saunders v. Wainwright, Fla.1971, 254 So.2d 197.

The order appealed is

Affirmed.

HOBSON, A. C. J., and McNULTY and BOARDMAN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Milliner appeals an order denying his re-application for hearing of a motion to vacate sentence under R.Cr.P. 3.850, 33 F. S.A., in which he alleged that his direct appeal had been frustrated by his lack of knowledge of appellate procedure and by his psychiatric instability.

The proper method for raising the issue of deprivation of direct appeal is by petition for writ of habeas corpus. Baggett v. Wainwright, Fla.1969, 229 So.2d 239; State v. Wooden, Fla.1971, 246 So.2d 755; Saunders v. Wainwright, Fla.1971, 254 So.2d 197.

The order appealed is

Affirmed.

HOBSON, A. C. J., and McNULTY and BOARDMAN, JJ., concur.

Milliner v. State, 284 So. 2d 231, 1973 Fla. App. LEXIS 6472 (Fla. Ct. App. 1973).

Pincite

284 So. 2d 231 (Milliner v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related