Blackburn v. State

This is an appeal from an order denying appellant’s post conviction motion to vacate his judgment of conviction and sentence on charges of (1) breaking and entering a dwelling and unlawfully assaulting a person therein and (2) attempted crime against nature.

Prior to the initiation of these post conviction proceedings, appellant sought review of his conviction in a direct appeal to this court. We affirmed the conviction. Blackburn v. State, Fla.App.1968, 208 So.2d 625. Defendant’s petition for writ of habeas corpus to the Supreme Court of Florida was denied.

On May 26, 1973, defendant’s writ of…