Hutchison v. State

Full title: MICHAEL HUTCHISON, Appellant, STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 18, 1999

733 So. 2d 1151 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2153

Opinion filed June 18, 1999.

Appeal from the Circuit Court for Marion County, Victor J. Musleh, Judge.

Michael Hutchison, Lowell, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.,

We review the order denying habeas corpus relief on the merits of Hutchison's claim, and we affirm because Hutchison has not shown that section 794.011(2), Florida Statutes, is unconstitutional. See Batie v. State, 534 So.2d 694 (Fla. 1988) (section 794.011(2) is capital crime in that accused is not entitled to post conviction bail).

AFFIRMED.

GRIFFIN, C.J., and DAUKSCH, J., concur.