State v. Abernathy

OPINION

DWYER, Judge.

This is an appeal from the dismissal of an amended pro se petition for writ of habeas corpus. The trial court appointed counsel to represent appellant after his original pro se petition had been filed.

The appellant was convicted of armed robbery in this State on or about February 11, 1975. The State argues that a routine bed check at the facility where appellant was incarcerated revealed his absence on or about July 31, 1977. The appellant argues that he was mistakenly released from custody by the authorities.

The appellant was apprehended in the State of California where…