PEDRO LUIS VALLEJO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PEDRO LUIS VALLEJO, APPELLANT,
STATE OF FLORIDA, APPELLEE
545 So. 2d 506
Florida District Court of Appeal, Fifth District (1989)
Positive Treatment
Cited by 7 cases
Opinion of the Court
GOSHORN, Judge.
The appellant, Pedro Luis Vallejo appeals the denial of his petition for writ of habeas corpus. The petition does not allege, nor does the record show that the relief requested would entitle the appellant to immediate release. See, Williams v. State, 519 So. 2d 723 (Fla. 5th DCA 1988); Netherly v. Dugger, 513 So. 2d 259 (Fla. 2d DCA 1987) and Brown v. Wainwright, 498 So. 2d 679 (Fla. 1st DCA 1986). Therefore, the trial court’s denial of the writ is AFFIRMED.
SHARP, C.J., and DANIEL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Viet HO v. State, 929 So. 2d 1155 (Fla. 5th DCA 2006)…a defendant seeking a writ of habeas corpus ‘must adduce evidence sufficient to overcome the presumption of correctness of the trial court’s order.’ ”) (quoting State ex rel. Smith v. Untreiner, 246 So. 2d 158 (Fla. 1st DCA 1971)); Vallejo v. State, 545 So. 2d 506, 506 (Fla. 5th DCA 1989) (“The petition does not allege, nor does the record show that the relief requested would entitle the appellant to immediate release.”). Because the record does not contain a transcript of or information regarding Ho’s first…
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Campbell v. Fla. Parole Comm'n, 630 So. 2d 1210 (Fla. 1st DCA 1994)…n of the trial court’s order addressing the parole revocation proceedings, and we remand with instructions to dismiss that claim without prejudice to the appellant’s right to file a habeas corpus petition in the appropriate court. See Bush v. State, 545 So. 2d 506 (Fla. 1st DCA 1989). We affirm on all other issues. ERVIN and SMITH, JJ., concur.…
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Savage v. State, 662 So. 2d 750 (Fla. 4th DCA 1995)…ver his case prior to trial, the trial court here properly concluded that it lacked jurisdiction to consider a petition for habeas corpus filed by a prisoner being detained outside its territorial authority. § 79.09, Fla.Stat. (1993); Bush v. State, 545 So. 2d 506 (Fla. 1st DCA 1989); Finley v. State, 394 So. 2d 215 (Fla. 1st DCA 1981). The court finds that this appeal is appropriate for expedited disposition pursuant to Florida Rule of Appellate Procedure 9.315(a). Accordingly, the order is summarily affir…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alton D. Brown v. Louie L. Wainwright, 498 So. 2d 679 (Fla. 1st DCA 1986)
- Dep't of Health & Rehabilitative Servs. v. Laurian Anne Rauen Spankie, 519 So. 2d 723 (Fla. 5th DCA 1988)
- Williams v. State, 519 So. 2d 723 (Fla. 5th DCA 1988)
- Netherly v. Dugger, 513 So. 2d 259 (Fla. 2d DCA 1987)