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Marquette v. State

District Court of Appeal of Florida, First District
May 12, 1997
693 So. 2d 125 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1787

Opinion filed May 12, 1997.

An appeal from the Circuit Court for Bay County. Don T. Sirmons, Judge.

Daniel Marquette, pro se, appellant.

Louis A. Vargas, General Counsel, and Sheron Wells, Assistant General Counsel, Department of Corrections, Tallahassee, for appellee.


Daniel Marquette appeals summary denial of his petition for writ of habeas corpus. Appellee moves for a relinquishment of jurisdiction, conceding that the record is insufficient to support the trial court's disposition. We believe the appropriate course is to treat this motion as confessing error. Accordingly, we reverse and remand the order appealed with directions to issue an order to show cause and to conduct such other proceedings as may be appropriate and necessary. Hudson v. Singletary, 614 So.2d 13 (Fla. 1st DCA 1993).

REVERSED AND REMANDED.

ALLEN, WEBSTER and MICKLE, JJ., CONCUR.


Summaries of

Marquette v. State

District Court of Appeal of Florida, First District
May 12, 1997
693 So. 2d 125 (Fla. Dist. Ct. App. 1997)
Case details for

Marquette v. State

Case Details

Full title:DANIEL MARQUETTE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 12, 1997

Citations

693 So. 2d 125 (Fla. Dist. Ct. App. 1997)