FRANTZ DEUS
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Frantz Deus, convicted of second-degree murder and armed robbery in 2011, appealed the trial court's denial of a belated habeas corpus petition seeking permission to file a Rule 3.850 post-conviction motion. The court affirmed, holding that habeas corpus cannot be used as a substitute for procedurally barred post-conviction relief and that Deus's claim of never filing such motions was contradicted by the record.
The court affirmed the trial court's denial, holding that habeas corpus is not available to obtain collateral post-conviction relief available under Rule 3.850, and that any such motion was untimely and procedurally barred. The court further held that Deus's assertion that no post-conviction motion had been filed was conclusively refuted by the record.
[1] Habeas corpus is not available in Florida to obtain collateral postconviction relief that is available by motion in the sentencing court.
[2] Habeas corpus may not be used as a substitute for a procedurally barred motion for postconviction relief.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.”
Establishes the fundamental principle that habeas corpus cannot be used for Rule 3.850 post-conviction relief.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDeus was convicted in 2011 of second-degree murder and armed robbery with a weapon, sentenced to thirty years as a habitual violent felony offender wi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Successive Claims cases and more on FLexlaw
Third District Court of Appeal State of Florida
Opinion filed May 21, 2025. Not final until disposition of timely filed motion for rehearing.
No. 3D25-0264 Lower Tribunal No. F09-15874C
Frantz Deus, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.315(a) from the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.
Frantz Deus, in proper person.
James Uthmeier, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.
Before FERNANDEZ, MILLER, and GOODEN, JJ.
PER CURIAM.
In 2011, Appellant Frantz Deus was convicted of second-degree murder and armed robbery with a weapon. He was sentenced to thirty years as a habitual violent felony offender with a fifteen-year minimum mandatory sentence running consecutively on each count. Since that time, he has unsuccessfully sought direct and post-conviction relief.1 State, 100 So. 3d 702, 702 (Fla. 3d DCA 2012); Deus v. State, 181 So. 3d 1249, 1249 (Fla. 3d DCA 2015); Deus v. State, 272 So. 3d 770, 770 (Fla. 3d DCA 2019). He has unsuccessfully petitioned for habeas corpus alleging ineffective assistance of counsel with our Court. Deus v. State, 122 So. 3d 377 (Fla. 3d DCA 2013).
In 2024, Deus filed a petition for habeas corpus with the trial court. He sought permission to file a belated 3.850 motion claiming neither he nor his attorney had ever filed any post-conviction motions or petitions. Treating the petition as a Rule 3.850, the trial court denied as time barred and successive. Deus appeals this order. "The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.” Baker v. State, 878 So. 2d 1236, 1245 (Fla.1 He also filed a motion to correct illegal sentence. The trial court denied the motion, but Deus did not appeal this ruling.
2004). See Fla. R. Crim. P. 3.850(m) (“An application for writ of habeas corpus on behalf of a prisoner who is authorized to apply for relief by motion pursuant to this rule shall not be entertained if it appears . . . that the court has denied the applicant relief . . . .”). “Nor may habeas corpus be used as a substitute for an otherwise procedurally barred motion for postconviction relief under rule 3.850.” La-Casse v. Inch, 307 So. 3d 921, 923 (Fla. 3d DCA 2020). "Therefore, the trial court can treat the improper habeas corpus petition as the proper remedy, a Rule 3.850 Motion.” Craig v. State, 45 So. 3d 1, 3 (Fla. 3d DCA 2010). “Appellate courts will uphold the trial court's denial of such motions if the claims presented are either facially invalid or conclusively refuted by the record." Id.
We affirm. Any such motion was untimely and procedurally barred. Barnard v. State, 949 So. 2d 250, 251 (Fla. 3d DCA 2007). Deus' assertion that no post-conviction motion has been filed is conclusively refuted by the record.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Barnard v. State, 949 So. 2d 250 (Fla. 3d DCA 2007)
- Chestel Thorson v. State (Fla. 3d DCA 2023)
- Frantz Deus v. State, 181 So. 3d 1249 (Fla. 3d DCA 2015)
- Frantz Deus v. State, 272 So. 3d 770 (Fla. 3d DCA 2019)