Battie v. Singletary

On Rehearing Denied

By motion for rehearing en banc, which we treat as including a motion for rehearing, defendant-petitioner Battie contends that our denial of relief in his case is inconsistent with the granting of relief in the case of Walker v. State, 742 So.2d 342 (Fla. 3d DCA 1999). We disagree and deny rehearing.

In Walker, this court denied a belated appeal. Eight days later, which was before the expiration of the rehearing time in Walker, the Florida Supreme Court announced State v. Trowell, 739 So.2d 77 (Fla.1999). Because the rehearing time had not yet expired and the Walker decision…