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EVANS v. WAINWRIGHT

No. 72-327.

273 So.2d 90 (1973)

David EVANS, Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Appellee.

District Court of Appeal of Florida, Fourth District.

February 15, 1973.

Attorney(s) appearing for the Case

David Roth, of Cone, Wagner, Nugent, Johnson & McKeown, 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.

Petitioner's original direct appeal from a judgment and sentence imposed upon conviction of murder in the first degree was frustrated by an untimely filed notice of appeal by court appointed counsel.

We grant petitioner a belated review of the judgment and sentence equivalent to a direct appeal by means of this habeas corpus proceeding. Henninger v. State, 230 So.2d 149 (Fla. 1970).

We dispense with oral...

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