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Nelson v. State

District Court of Appeal of Florida, Fourth District
Dec 23, 1981
406 So. 2d 539 (Fla. Dist. Ct. App. 1981)

Opinion

No. 81-1238.

November 12, 1981. Rehearing Denied December 23, 1981.

Appeal from Circuit Court, Palm Beach County; Marvin U. Mounts, Jr., Judge.

Michael S. Nelson, pro se.

Jim Smith, Atty. Gen., Tallahassee, and Andrea T. Mohel, Asst. Atty. Gen., West Palm Beach, for appellee.


This is an appeal from denial of appellant's petition for writ of habeas corpus. The basis for relief at the trial level was violation of the speedy trial rule in the proceedings which led to appellant's conviction. Habeas corpus may not be used as a vehicle to raise issues appropriate for direct appeal. Hargrave v. Wainwright, 388 So.2d 1021 (Fla. 1980). Appellant indicates in his brief that the time for appeal from his conviction has not ripened. If that be the fact, then the rule we rely on applies with even greater force. See Ferenc v. Thursby, 212 So.2d 887 (Fla.1st DCA 1968).

AFFIRMED.

LETTS, C.J., and HERSEY and GLICKSTEIN, JJ., concur.


Summaries of

Nelson v. State

District Court of Appeal of Florida, Fourth District
Dec 23, 1981
406 So. 2d 539 (Fla. Dist. Ct. App. 1981)
Case details for

Nelson v. State

Case Details

Full title:MICHAEL NELSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 23, 1981

Citations

406 So. 2d 539 (Fla. Dist. Ct. App. 1981)

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