Petitioner's conviction was summarily affirmed. Moore v. State, 322 So.2d 88 (Fla.App. 1975), cert. dismissed, 336 So.2d 1183 (Fla. 1976), cert. denied, 429 U.S. 1046, 97 S.Ct. 751, 50 L.Ed.2d 759 (1977). Appellate counsel then brought this action on behalf of petitioner for a federal writ of habeas corpus.

He then filed an appellate brief directed to these issues and not to the trial and conviction. This court affirmed the conviction without opinion in Moore v. State, 322 So.2d 88 (Fla. 1st DCA 1975) ( Moore II). In December, 1975, the Public Defender for the Second Circuit sought review by the Florida Supreme Court, which was denied.