
    Winston George DAVIS, Petitioner, v. Richard DUGGER, Secretary, Florida Department of Corrections, Respondent.
    No. 89-0228.
    District Court of Appeal of Florida, Fourth District.
    May 31, 1989.
    Sharon Bradley of Daley & Miller, Tallahassee, for petitioner.
    Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn, Asst. Atty. Gen., West Palm Beach, for respondent.
   PER CURIAM.

We grant the petition for writ of habeas corpus to allow petitioner to file a belated appeal, limited to the issue of double jeopardy based on his claim that he was convicted on multiple counts for the same, individual act.

We sua sponte strike the Attorney General as an “additional respondent.”

GLICKSTEIN and GUNTHER, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge,

dissenting.

I would deny habeas relief here without prejudice to petitioner to raise his double jeopardy claim in a post-conviction relief proceeding in the trial court.  