5D11-4227 William Davies v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D11-4227

Case Date: 02/18/2013

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED WILLIAM R. DAVIES, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 22, 2013 Appeal from the Circuit Court for Volusia County, Leah Case, Judge. William R. Davies, Carrabelle, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D11-4227

PER CURIAM The defendant, convicted in 1986 of first-degree murder, is now appealing from a 2010 denial of habeas corpus and a motion for clarification. Defendant alleges

ineffective assistance of trial and appellate counsel, as well as from counsel consulted but not retained. Defendant alleges that his late filing should be excused under the holding of Steel v. Kehoe, 747 So. 2d 931 (Fla. 1999). Unlike Kehoe, however,

defendant never retained counsel and therefore relied on none.

This is not the first time these matters have been considered by this Court. On August 12, 2012, this Court, by order, denied defendant's petition raising ineffective assistance of counsel and on March 6, 1012, by per curiam affirmance, denied his request for habeas relief. AFFIRMED.

PALMER, LAWSON, JJ., and HARRIS, C.M., Senior Judge, concur.

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