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284 So. 2d 231

Milliner v. State

District Court of Appeal of Florida

Decided October 24, 1973

District Court of Appeal of Florida · decided 1973-10-24

Relies on 229 So. 2d 239 - Baggett v. Wainwright · State v. Wooden · 254 So. 2d 197 - Saunders v. Wainwright

Decided 1973-10-24

PER CURIAM.

¶1Milliner appeals an order denying his re-application for hearing of a motion to vacate sentence under R.Cr.P. 3.850, 33 F. S.A., in which he alleged that his direct appeal had been frustrated by his lack of knowledge of appellate procedure and by his psychiatric instability.

¶2The proper method for raising the issue of deprivation of direct appeal is by petition for writ of habeas corpus. Baggett v. Wainwright, Fla.1969, 229 So.2d 239; State v. Wooden, Fla.1971, 246 So.2d 755; Saunders v. Wainwright, Fla.1971, 254 So.2d 197.

¶3The order appealed is

¶4Affirmed.

HOBSON, A. C. J., and McNULTY and BOARDMAN, JJ., concur.
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