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Battie v. Singletary

District Court of Appeal of Florida, Third District
Nov 21, 2001
825 So. 2d 941 (Fla. Dist. Ct. App. 2001)

Summary

denying motion for rehearing

Summary of this case from Battie v. State

Opinion

Case No. 3D98-1243

Opinion filed November 21, 2001.

A Case of Original Jurisdiction — Habeas Corpus. Lower Tribunal No. 94-7634.

Keithan Darnell Battie, in proper person. Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for respondent.

Before COPE, FLETCHER and SHEVIN, JJ.


On Rehearing Denied


By motion for rehearing en banc, which we treat as including a motion for rehearing, defendant-petitioner Battie contends that our denial of relief in his case is inconsistent with the granting of relief in the case of Walker v. State, 742 So.2d 342 (Fla. 3d DCA 1999). We disagree and deny rehearing.

In Walker, this court denied a belated appeal. Eight days later, which was before the expiration of the rehearing time in Walker, the Florida Supreme Court announced State v, Trowell, 739 So.2d 77 (Fla. 1999). Because the rehearing time had not yet expired and the Walker decision had not yet become final, this court ordered rehearing and granted relief in accordance with Trowell.

In the present case, by contrast, the opinion denying relief became final in 1998. The Trowell decision was not announced until 1999. As we have previously explained, if petitioner was aggrieved by our decision in his case in 1998, it was necessary for petitioner to seek review in the Florida Supreme Court.

Rehearing denied.


Summaries of

Battie v. Singletary

District Court of Appeal of Florida, Third District
Nov 21, 2001
825 So. 2d 941 (Fla. Dist. Ct. App. 2001)

denying motion for rehearing

Summary of this case from Battie v. State
Case details for

Battie v. Singletary

Case Details

Full title:KEITHAN DARNELL BATTIE, Petitioner, v. HARRY SINGLETARY, Secretary of the…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 21, 2001

Citations

825 So. 2d 941 (Fla. Dist. Ct. App. 2001)

Citing Cases

Battie v. State

; Battie v. State, 14 So.3d 1014 (Fla. 3d DCA 2009) (recognizing voluntary dismissal of appeal); Battie v.…