WILSON v. SINGLETARY

No. 92-0808.

601 So.2d 311 (1992)

Rudolph WILSON, Petitioner, v. Harry K. SINGLETARY, Secretary Department of Corrections, and State of Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 29, 1992.


Attorney(s) appearing for the Case

Rudolph Wilson, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for respondent.


PER CURIAM.

Petitioner has failed to show that he received inadequate representation from appellate counsel in his appeal as of right, in which judgment and sentence were affirmed. The appellate mandate was issued in September 1989.

The law in existence at times pertinent did not support raising on appeal the issue that temporal proximity is invalid as a departure reason. Had the issue been raised on appeal, it would have been found without merit. Failure...

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