BATTIE V. SINGLETARY
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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 KEITHAN DARNELL BATTIE, Petitioner, ** ** vs. ** HARRY SINGLETARY, Secretary of the Florida Dept. of Corrections, Respondent. CASE NO. 3D98-1243 ** ** LOWER TRIBUNAL NO. 94-7634 J97-7527 ** Opinion filed November 21, 2001. A Case of Original Jurisdiction - Habeas Corpus. Keithan Darnell Battie, in proper person. Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for respondent. Before COPE, FLETCHER and SHEVIN, JJ. On Rehearing Denied PER CURIAM. By motion for rehearing en banc, which we treat as including a motion for rehearing, defendant-petitioner Battie contends that our denial of relief in his case is inconsistent with the granting of relief in the case of Walker v. State, 742 So. 2d 342 (Fla. 3d DCA 1999). We disagree and deny rehearing. In Walker, this court denied a belated appeal. Eight days later, which was before the expiration of the rehearing time in Walker, the Florida Supreme Court announced State v, Trowell, 739 So. 2d 77 (Fla. 1999). Because the rehearing time had not yet expired and the Walker decision had not yet become final, this court ordered rehearing and granted relief in accordance with Trowell. In the present case, by contrast, the opinion denying relief became final in 1998. until 1999. The Trowell decision was not announced As we have previously explained, if petitioner was aggrieved by our decision in his case in 1998, it was necessary for petitioner to seek review in the Florida Supreme Court. Rehearing denied. 2
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