ALLEN MOSS, APPELLANT,
v.
HARRY K. SINGLETARY, JR., SECRETARY OF DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 1998-01-12
No. 97-178
MICKLE and LAWRENCE, JJ., concur.
705 So. 2d 947 Florida District Court of Appeal, First District (1998) Positive Treatment
Cited by 14 cases

Opinion of the Court
KAHN, Judge.

KAHN, Judge.

Allen Moss, a state prisoner in Walton County, Florida, appeals the circuit court’s denial of his petition for writ of habeas corpus. The circuit court’s order of denial dated December 15, 1996, is correct because “[successive habeas corpus petitions seeking the same relief are not permitted....” Johnson v. Singletary, 647 So. 2d 106, 109 (Fla.1994). Accordingly, we AFFIRM the circuit court.

MICKLE and LAWRENCE, JJ., concur.


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  • Dodson v. State, 710 So. 2d 159 (Fla. 1st DCA 1998)
    …owing the enactment of section 924.051 and amended rule 3.800(b), this court has issued several decisions on the issue of what constitutes fundamental error in the context of allegations of other various sentencing errors. See e.g., Howard v. State, 705 So. 2d 947, (Fla. 1st DCA 1998)(affirming as unpreserved the trial court’s failure to award credit for time served); Cargle v. State, 701 So. 2d 359 (Fla. 1st DCA 1997)(affirming as unpreserved a claim that the trial court erred in sentencing juvenile as adult…
  • Locke v. State, 719 So. 2d 1249 (Fla. 1st DCA 1998)
    …wing the enactment of section 924.051 and amended rule 3.800(b), this court has issued several decisions on the issue of what constitutes fundamental error in the context of allegations of other various sentencing errors. See, e.g., Howard v. State, 705 So. 2d 947, (Fla. 1st DCA 1998) (affirming as unpreserved the trial court’s failure to award credit for time served); Cargle v. State, 701 So. 2d 359 (Fla. 1st DCA 1997) (affirming as unpreserved a claim that the trial court erred in sentencing juvenile as adu…
  • Murray v. State, 36 So. 3d 792 (Fla. 1st DCA 2010)
    …This issue, however, was not preserved for appellate review. The appellant neither objected at the sentencing hearing nor timely filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). See Howard v. State, 705 So. 2d 947, 948 (Fla. 1st DCA 1998). Even if preserved, the appellant’s argument is without merit. In the first case, the appellant was sentenced to two concurrent terms of five years in prison. He was awarded 232 days credit for time served. In the second ca…

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