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BATEMAN v. STATE

No. 72-359.

269 So.2d 694 (1972)

Jerry BATEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 30, 1972.

Attorney(s) appearing for the Case

Charles W. Musgrove, Public Defender, and Carl V.M. Coffin, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William W. Herring, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

A motion filed in the trial court pursuant to Fla.R.Crim.P. 3.850, 33 F.S.A., is an improper procedure by which to raise the question of a frustrated appeal. The appropriate procedure to seek delayed appellate review due to frustration of appeal by state action is by petition for writ of habeas corpus to the appropriate appellate court. Powe v. State, 216 So.2d 446 (Fla. 1968); Jackson v. State, 227...

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