WILLIE N. BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a claim for failure to enter written findings of fact before imposing adult sanctions on a minor is procedurally barred if not raised in a timely postconviction motion.
Appellant, a minor at the time of the offense, was convicted of manslaughter with a firearm and sentenced to thirty years. He later sought a writ of h…
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PER CURIAM.
Appellant, Willie Brown, when he was sixteen years old, was charged with, tried and convicted as an adult for second degree murder and unlawful possession of a firearm while engaged in a criminal offense. This court reversed his conviction in Brown v. State, 427 So. 2d 304 (Fla. 3d DCA), review denied, 438 So. 2d 834 (Fla.1983).
Subsequently, appellant pleaded to a lesser offense of manslaughter with a firearm. This plea occurred eleven years ago and the trial court adjudicated appellant guilty of manslaughter and sentenced him to thirty years in prison. Appellant never challenged his sentence by filing a Rule 3.850 motion for postconviction relief.
In 1993, appellant sought a writ of habeas corpus in the trial court alleging that the trial court failed to enter written findings of fact before imposing adult sanctions against appellant, who was a minor, pursuant to section 39.111(6), Florida Statutes (1983). The trial court denied relief and the appellant timely filed a notice of appeal.
It is well settled that “[h]abeas corpus is not to be used for additional appeals of issues that could have been, should have been, or were raised on appeal or in other postconviction motions.” Mills v. Dugger, 559 So. 2d 578, 579 (Fla.1990) (citing Suarez v. Dugger, 527 So. 2d 190 (Fla.1988); White v. Dugger, 511 So. 2d 554 (Fla.1987); Blanco v. Wainwright, 507 So. 2d 1377 (Fla.1987)).
Appellant could have timely challenged his sentence on this ground as fundamental error by filing a motion for postconviction relief on the authority of Dixon v. State, 451 So. 2d 485 (Fla. 3d DCA), review denied, 458 So. 2d 274 (Fla.1984) and State v. Rhoden, 448 So. 2d 1013 (Fla.1984). His failure to do so renders his claim proeedurally barred. Accordingly, the order denying appellant’s petition for writ of habeas corpus is affirmed.
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Sturdivan v. State, 676 So. 2d 508 (Fla. 3d DCA 1996)…f obtaining a second appeal of a previously affirmed judgement. Byrd v. Singletary, 655 So. 2d 67, 68 (Fla.1995), cert. denied, — U.S. -, 116 S.Ct. 1270, 134 L.Ed.2d 217 (1996); Blanco v. Wainwright, 507 So. 2d 1377, 1384 (Fla.1987); Brown v. State, 633 So. 2d 1175, 1175 (Fla. 3d DCA 1994). The defendant asserts no new issues which could not have been or were not raised on his initial appeal. Affirmed.…
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Davis v. State, 661 So. 2d 1261 (Fla. 4th DCA 1995)…osed without prior notice. These claims were legally sufficient to require either attachments of portions of the record refuting the claims, or an evidentiary hearing. See generally Church v. State, 652 So. 2d 911 (Fla. 2d DCA 1995); Brown v. State, 633 So. 2d 1175 (Fla. 3d DCA 1994); Smith v. State, 416 So. 2d 862 (Fla. 1st DCA 1982). Reversed and remanded for an evidentiary hearing or attachment of portions of the record. GLICKSTEIN, POLEN and SHAHOOD, JJ., concur.…
Authorities Cited
- State v. Learnhart Rhoden, 448 So. 2d 1013 (Fla. 1984)
- Blanco v. Louie L. Wainwright, 507 So. 2d 1377 (Fla. 1987)
- Suarez v. Dugger, 527 So. 2d 190 (Fla. 1988)
- Beauford White v. Dugger, 511 So. 2d 554 (Fla. 1987)
- Mills v. Dugger, 559 So. 2d 578 (Fla. 1990)
- Dixon v. State, 451 So. 2d 485 (Fla. 3d DCA 1984)
- Brown v. State, 427 So. 2d 304 (Fla. 3d DCA 1983)