BERTON K. CURTIS, APPELLANT,
v.
LAWTON CHILES, ETC., ET AL., APPELLEES
BERTON K. CURTIS, APPELLANT,
LAWTON CHILES, ETC., ET AL., APPELLEES
594 So. 2d 858
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s denial of the petition for writ of habeas corpus, because the grounds for relief asserted in the petition should have been presented to the trial court in a timely filed motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. See State v. District Court of Appeal of Florida, First District, 569 So. 2d 439 (Fla.1990); Mack v. State, 586 So. 2d 1266 (Fla. 1st DCA 1991); Hickman v. State, 581 So. 2d 942 (Fla. 2d DCA 1991); Washington v. State, 576 So. 2d 973 (Fla. 2d DCA 1991).
WIGGINTON, BARFIELD and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Knighten v. State, 791 So. 2d 16 (Fla. 2d DCA 2001)…two regards. We affirm as. to Knighten’s first claim without comment but reverse as to his second. Knighten alleges that the retention of jurisdiction over one-third of his consecutive thirty-year sentence is illegal. We agree. See King v. State, 594 So. 2d 858 (Fla. 4th DCA 1992) (holding that trial court may not retain jurisdiction over a portion of a determinate sentence which runs consecutively to and follows a life sentence). Ordinarily, on remand, the trial court would have the option of either strik…
Authorities Cited
- State v. Dist. Court of Appeal of Fla., 569 So. 2d 439 (Fla. 1990)
- Hickman v. State, 581 So. 2d 942 (Fla. 2d DCA 1991)
- Mack v. State, 586 So. 2d 1266 (Fla. 1st DCA 1991)
- Washington v. State, 576 So. 2d 973 (Fla. 2d DCA 1991)