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MITCHELL v. STATE

No. Q-430.

294 So.2d 395 (1974)

John Allen MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 14, 1974.

Attorney(s) appearing for the Case

Joseph A. St. Ana, Jacksonville, and John Allen Mitchell, in pro. per., for appellant.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.

BOYER, Judge.

Appellant was convicted of first degree murder with a recommendation of mercy. Timely appeal was taken and an attorney was appointed to represent him. All briefs were filed and the cause was set for oral argument on November 14, 1972. Prior to that date appellant escaped. A motion to dismiss the appeal was filed by the State and this Court entered an order of dismissal on December 19, 1972. Appellant was subsequently apprehended and is back in custody...

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