ROBERT NIXON, APPELLANT,
v.
STATE OF FLORIDA, HARRY K. SINGLETARY, APPELLEE
ROBERT NIXON, APPELLANT,
STATE OF FLORIDA, HARRY K. SINGLETARY, APPELLEE
691 So. 2d 45
Florida District Court of Appeal, First District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court’s denial of appellant’s petition for writ of habeas corpus. However, we do so because habeas corpus is not a substitute for obtaining relief as to issues which could have or should have been raised in Rule 3.850 proceedings. See White v. Dugger, 511 So. 2d 554 (Fla.1987). The two year “window” period for instituting such proceedings in the Circuit Court for the Sixth Judicial Circuit in Pinellas County, Florida, "will expire in September of 1997.'
MINER, ALLEN and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rubin Griffin v. State, 976 So. 2d 107 (Fla. 3d DCA 2008)…e not cognizable on direct appeal unless the error is apparent on the face of the record), or in a timely filed rule 3.850 motion for postcon-viction relief. A petition for habeas corpus cannot substitute for a rule 3.850 motion, see Nixon v. State, 691 So. 2d 45 (Fla. 1st DCA 1997), nor may it be used to circumvent a rule 3.850 motion barred by the two-year limitations period or the proscription against successive motions. See Mills v. Dugger, 574 So. 2d 63, 65 (Fla.1990). It would appear that Griffin is…
Authorities Cited
- Beauford White v. Dugger, 511 So. 2d 554 (Fla. 1987)