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724 So. 2d 610

Hill v. State

District Court of Appeal of Florida

Decided December 18, 1998

District Court of Appeal of Florida · decided 1998-12-18

Cited by 2 later decisions — most recently June 2010

2 state decisions

Relies on 599 So. 2d 1276 - Parmley v. State · 699 So. 2d 1366 - McCray v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-12-18

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W. SHARP, Judge.

¶1Hill petitions for a writ of habeas corpus for belated appeal, alleging ineffective assistance of appellate counsel. First, the petition is untimely and barred by laches. Hill’s direct appeal to this court in 1991 became final on June 19, 1992, after this court issued its mandate. Hill v. State, 599 So.2d 1296 (Fla. 5th DCA 1992). This petition was filed in this court November 6, 1998, more than six years after his conviction became final. Thus, pursuant to McCray v. State, 699 So.2d 1366 (Fla.1997), the petition is barred by laches.

¶2Second, the petition is proeedurally barred because it is successive. Hill previously attempted to obtain habeas relief in this court but was unsuccessful. Hill v. State, No. 95-3106 (Fla. 5th DCA Dec. 20, 1995).

¶3Accordingly the Petition for Writ of Habe-as Corpus for belated appeal is DENIED.

GRIFFIN, CJ., and COBB, J., concur.
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