Davidson v. Wainwright

GLICKSTEIN, Judge.

Petitioner seeks a writ of habeas corpus to obtain delayed appellate review. The circumstances are identical to those in Potts v. Wainwright, 413 So.2d 156 (Fla. 4th DCA 1982) (on motion for rehearing). In both cases the public defender failed to file a timely notice of appeal; and by unpublished order, this court dismissed the appeal as untimely.1 In Potts, we granted the petition for writ of habeas corpus and permit*135ted the matter to proceed as a delayed appeal; and we do the same herein.

We take note, however, that in Polk County v. Dodson, 454 U.S. 312, 102 S.Ct. 445, 70…