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HORSTED v. WAINWRIGHT

No. 70-214.

239 So.2d 153 (1970)

L.A. HORSTED, Petitioner, v. Louie L. WAINWRIGHT, Director, Division of Adult Corrections, State of Florida, Respondent.

District Court of Appeal of Florida, Second District.

September 11, 1970.

Attorney(s) appearing for the Case

L.A. Horsted, in pro. per.

Earl Faircloth, Atty. Gen., Tallahassee, and Morton J. Hanlon, Asst. Atty. Gen., Lakeland, for respondent.

MANN, Judge.

Horsted seeks appellate review of the sufficiency of evidence underlying his conviction. He claims that his appointed counsel failed to file a motion for a new trial and that he was deprived of due process because insufficiency is not arguable on appeal unless the motion has been timely made for a new trial. State v. Wright, Fla. 1969, 224 So.2d 300. But he does not allege that the evidence is even arguably insufficient...

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