Legal Opinion

Fountain v. State

District Court of Appeal of Florida

Decided November 30, 1971No. P-115Published

1Per curiam

The State’s motion to dismiss this appeal seeking review of an adverse order denying appellant’s motion to vacate judgment and sentence is granted inasmuch as the notice of appeal was not timely filed by the public defender, who was appointed by the court below to represent appellant in this cause.

However, appellant’s petition for writ of habeas corpus seeking full appellate review of the order denying his motion to vacate in the manner set forth by the Florida Supreme Court’s decisions in Hollingshead v. Wainwright, 194 So.2d 577 (Fla.1967), is granted on authority of Burke v. State, 160…

2Cases cited3 opinions

  1. Hollingshead v. WainwrightSupreme Court of Florida · 1967
  2. Cappetta v. WainwrightSupreme Court of Florida · 1967
  3. Burke v. StateDistrict Court of Appeal of Florida · 1964

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