KEARSE v. STATE

No. 91-2457.

590 So.2d 502 (1991)

James KEARSE, Appellant, v. STATE of Florida, and Florida Department of Corrections, Appellees.

District Court of Appeal of Florida, First District.

December 3, 1991.


Attorney(s) appearing for the Case

James Kearse, pro se.

James Rogers, Bureau Chief, Crim. Appeals, Asst. Atty. Gen., Tallahassee, for appellees.


SMITH, Judge.

This is an appeal from the summary denial of a petition for writ of habeas corpus. Appellant, who has appealed his drug conviction to this court, contends he is entitled to be released from jail while his appeal is pending, because his appointed counsel has failed to prosecute his appeal in a timely fashion. We find appellant's petition was facially sufficient to state a case for relief and that the trial court erred in summarily denying the petition...

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