WEBB v. STATE

No. 5D10-1819.

44 So.3d 657 (2010)

Charles E. WEBB, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

September 24, 2010.


Attorney(s) appearing for the Case

Charles E. Webb , Malone, pro se.

Bill McCollum , Attorney General, Tallahassee, and Wesley Heidt , Assistant Attorney General, Daytona Beach, for Respondent.


PER CURIAM.

The petition for belated appeal is denied. The appointed Commissioner found petitioner's allegations "to be incredible" for a number of reasons. Along with the record evidence rebutting his claim, the facts were that he never moved to withdraw his plea, and he received a highly favorable sentence instead of the prison releasee reoffender mandatory life sentence he was facing mid-trial. There was also the additional consideration that his credibility was...

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