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Carswell v. State, No. 4D09-1814 (Fla. App. 11/18/2009) (Fla. App., 2009)

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FRED CARSWELL III, Petitioner, v. STATE OF FLORIDA, Respondent. No. 4D09-1814. District Court of Appeal of Florida, Fourth District. November 18, 2009. Appeal of order denying rule 3.850 motion being treated as a petition for writ of habeas corpus to the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Mily Rodriguez-Powell, Judge, L.T. Case No. 02-19950 CF10A. Fred Carswell III, Coleman, Pro Se. Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee. MAY, J. The defendant appeals an order denying his motion for post-conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. To prevent manifest injustice, we treat this appeal as a petition for writ of habeas corpus and grant a belated direct appeal on a limited issue...continue to full post

Full post as published by Florida Criminal Law Opinions on November 18, 2009 (boomark / email).