Sturdivan v. State

Appellant, Merle Sturdivan (the “defendant”), seeks reinstatement of his dismissed habeas corpus petition. We affirm the trial court’s dismissal.

The defendant argues that his conviction and sentence should be overturned because of an undue delay of over eight years between the lodging of a detainer against him and his first trial. Because these issues were previously raised and rejected in the defendant’s initial appeal of his conviction and sentence, Sturdivan v. State, 419 So.2d 300, 303 (Fla.1982) (vacating first degree murder conviction and remanding for a new trial because of failure to…