FERNANDO JACKSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)
  …petition.1 Habeas corpus proceedings are intended to test the legality of the petitioner’s detention and to secure his or her release if it is determined that the detention is illegal. Sneed v. Mayo, 66 So. 2d 865, 869 (Fla.1953); Smith v. Kearney, 802 So. 2d 387 (Fla. 4th DCA 2001); see also Cole v. State, 714 So. 2d 479, 492 (Fla. 2d DCA 1998). To fulfill the intended purpose of habeas corpus proceedings, the courts have held that “[i]f a prisoner files a habeas corpus petition in circuit court, the petiti…
• Modest v. State, 892 So. 2d 566 (Fla. 3d DCA 2005)
  …pt. 4, 2003) (stayed pending disposition of Hughes v. State). Finally, even if Apprendi were retroactive (which it is not), Apprendi does not invalidate adjudications under Florida’s habitual violent felony offender statute. See Jackson v. State, 802 So. 2d 387 (Fla. 3d DCA 2001); Saldo v. State, 789 So. 2d 1150 (Fla. 3d DCA 2001); Robbinson v. State, 784 So. 2d 1246 (Fla. 3d DCA 2001). Affirmed.…
• State v. Rompre, 837 So. 2d 453 (Fla. 5th DCA 2002)
  …ted according to law. Here, Rompre abandoned the appeal of his sentence in the criminal case and did not pursue his administrative remedies concerning the forfeiture of his gain time. Had he done so, he may well have succeeded. In Smith v. Kearney, 802 So. 2d 387 (Fla. 4th DCA 2001), the appellant was a detainee under the Jimmy Ryce Act who filed a petition for a writ of habeas corpus. In his petition, Smith claimed that he had been unlawfully detained by the DOC and should have been released to serve the pr…

Authorities Cited

• Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
• Saldo v. State, 789 So. 2d 1150 (Fla. 3d DCA 2001)
• Graddy Robbinson v. State, 784 So. 2d 1246 (Fla. 3d DCA 2001)