Huntley v. State

AMENDED OPINION ON PETITIONS FOR REHEARING GRANTED

OWEN, Judge.

We had filed an opinion in this case on March 29, 1972, in which we announced, on the authority of State ex rel. Owens v. Pearson, Fla.1963, 156 So.2d 4, that we lacked appellate jurisdiction because the efficacy of the notice of appeal which appellant filed pro se on July 28, 1971, was totally destroyed by appellant’s court-appointed counsel subsequently filing a timely motion for new trial. Nonetheless, we reasoned that the indigent appellant would be entitled to delayed appellate review on the authority of Baggett v. Wainwright,…