Supreme Court of Florida

A habeas petition seeking relief from a conviction for sexual battery on a physically incapacitated person is denied where: 1) the information was not fatally defective for failing to allege an essential element of the crime; 2) the claim that the information was defective was therefore required to have been raised on direct appeal; and 3) the district court properly dismissed defendant's direct appeal upon his pro se motion, even though he was technically still represented by counsel.

Appellate Information

• Decided 10/08/2008
• Published 10/08/2008

Judges

• QUINCE, C.J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Mary Elizabeth Adkins, Melrose, FL, for Petitioner.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Kristen Davenport, Assistant Attorney General, Daytona Beach, FL, for Respondent.