JACKSON v. STATE

No. 89-2982.

559 So.2d 320 (1990)

Harry Clarence JACKSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 3, 1990.


Attorney(s) appearing for the Case

Harry Clarence Jackson, in pro. per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.


SCHWARTZ, Chief Judge.

This is an appeal from the denial of an application for habeas corpus challenging a previous criminal conviction. The trial court based its determination on the ground that the petition was an unauthorized substitute for a Rule 3.850 motion which Jackson had not timely filed. During the pendency of this appeal, Jackson died in prison. On this ground, the appeal is dismissed.

The courts of Florida have uniformly held that the death of...

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