SMITH v. SINGLETARY

No. 97-0118.

694 So.2d 158 (1997)

Wallace SMITH, Petitioner, v. Harry K. SINGLETARY, Secretary, Department of Corrections, Robert A. Butterworth, Attorney General, State of Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

June 4, 1997.


Attorney(s) appearing for the Case

Wallace Smith, Clermont, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia Ann Ash, Assistant Attorney General, West Palm Beach, for respondents.


PER CURIAM.

Petitioner seeks relief alleging that his appellate counsel was ineffective for voluntarily dismissing the plenary appeal filed to challenge a conviction for delivery of cocaine within 1,000 feet of a school. We grant the petition for writ of habeas corpus and direct that the matter proceed as a belated appeal. The question on appeal shall focus on whether fundamental error exists in connection with the state's failure to present evidence as to an essential...

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