From Casetext: Smarter Legal Research

Bragg v. Wainwright

District Court of Appeal of Florida, Second District
Sep 17, 1971
252 So. 2d 376 (Fla. Dist. Ct. App. 1971)

Opinion

No. 70-148.

September 17, 1971.

Appeal from the Circuit Court, Lee County, Lynn Gerald, J.

Walter R. Talley, Public Defender, and D. Turner Matthews, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


In February 1964, appellant was charged with breaking and entering with intent to commit a felony. He entered a plea of not guilty and was tried by a jury. He was convicted and sentenced to five years imprisonment. In 1970 appellant filed a writ of habeas corpus in this court alleging he was denied a right of appeal. This court appointed Circuit Judge Archie M. Odom to take testimony and make a finding of fact regarding the denial of appellant's right to appeal.

Judge Odom found that appellant had not been informed of his right of appeal and upon this recommendation this court granted appellant a full appeal. Appellant's only point is that he was represented by incompetent counsel at his trial. A review of the record reveals that he was represented by Mr. Ed Weaver, Jr. Mr. Weaver conducted a full and skillful cross-examination and generally conducted the trial in a knowing manner. The record fails to show that the trial was a mockery or a farce; but to the contrary, the case was well tried.

For these reasons the point on appeal is not meritorious and we therefore affirm.

HOBSON and McNULTY, JJ., concur.


Summaries of

Bragg v. Wainwright

District Court of Appeal of Florida, Second District
Sep 17, 1971
252 So. 2d 376 (Fla. Dist. Ct. App. 1971)
Case details for

Bragg v. Wainwright

Case Details

Full title:RICHARD CLAYTON BRAGG, APPELLANT, v. LOUIE L. WAINWRIGHT, DIRECTOR…

Court:District Court of Appeal of Florida, Second District

Date published: Sep 17, 1971

Citations

252 So. 2d 376 (Fla. Dist. Ct. App. 1971)