FOUNTAIN v. STATE

No. P-115.

254 So.2d 859 (1971)

Hubert FOUNTAIN, a/k/a Hubert Fountain, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 30, 1971.


Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and John W. Watson, III, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Michael M. Corin, Asst. Atty. Gen., for appellee.


PER 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...

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