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NEARY v. STATE

No. 73-39.

285 So.2d 47 (1973)

Leonard NEARY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 9, 1973.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Richard S. Power, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Thomas M. Carney and C. Marie Bernard, Asst. Attys. Gen., West Palm Beach, for appellee.

MAGER, Judge.

Defendant urges that his conviction and sentence should be set aside because his appeal cannot adequately be prepared due to the unavailability of the trial transcript.

We are of the view that this issue is not properly before this court at this time inasmuch as defendant's right to appellate review is unresolved and must first be disposed of by petition for habeas corpus. State v. Wooden, Fla. 1971...

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