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McKinney v. Wainwright

District Court of Appeal of Florida, First District
Oct 26, 1984
458 So. 2d 1149 (Fla. Dist. Ct. App. 1984)

Opinion

No. BC-64.

October 26, 1984.

Leroy McKinney, in pro. per.

No appearance for respondent.


McKinney's conviction for possession of a firearm by a convicted felon was affirmed by this court in McKinney v. State, 428 So.2d 322 (Fla. 1st DCA 1983). In a petition for writ of habeas corpus filed in this court, he claims that his appellate counsel was ineffective because of the failure to assert on appeal that the firearm should have been suppressed pursuant to Section 901.151(6), Florida Statutes (1981). However, even assuming that the facts of this case justified raising such issue, appellate counsel would have been precluded from doing so inasmuch as such defense was not asserted at trial. The petition is therefore Denied.

BOOTH, WIGGINTON and NIMMONS, JJ., concur.


Summaries of

McKinney v. Wainwright

District Court of Appeal of Florida, First District
Oct 26, 1984
458 So. 2d 1149 (Fla. Dist. Ct. App. 1984)
Case details for

McKinney v. Wainwright

Case Details

Full title:LEROY McKINNEY, PETITIONER, v. LOUIE L. WAINWRIGHT, RESPONDENT

Court:District Court of Appeal of Florida, First District

Date published: Oct 26, 1984

Citations

458 So. 2d 1149 (Fla. Dist. Ct. App. 1984)

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