Sumler v. State

Appellant David A. Sumler appeals a circuit court order denying his Motion for Relief from Order, and holding that appellant has no right to pursue a direct appeal from the court’s previous order denying his petition for writ of habeas corpus. We reverse the circuit court’s order, and remand for further proceedings.

Appellant was originally convicted on one count of aggravated battery with the use of a deadly weapon, and sentenced to twenty-four years in prison. In January 2005, appellant filed a Motion for Writ of Habeas Corpus in the First Judicial Circuit Court for Escambia County. The…