ALDRIC MADDOX, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2002-03-08
No. 5D01-3884
COBB and HARRIS, JJ., concur.
813 So. 2d 138 Florida District Court of Appeal, Fifth District (2002) Positive Treatment
Cited by 3 cases


Opinion of the Court
SHARP, W., J.

By petition filed in this court, Maddox seeks further review of his convictions in Volusia County Circuit Court Case Nos. 91-5396, 92-31295 and 92-31210, which were based on guilty pleas. They resulted in his being adjudicated as an habitual offender and sentenced to life for second degree murder with a firearm,1 two counts of kidnapping,2 and thirty-year terms for attempted armed robbery3 and burglary of a dwelling,4 and dealing in stolen property.5 These judgments and sentences were affirmed on September 8, 1993. Maddox also seeks to set aside his prior conviction which was used as a predicate offense in adjudicating him as an habitual offender (Case No. 88-4119). He previously filed two 3.850 motions and two 3.800(a) motions.

The current petition is successive and improper. Maddox is seeking to challenge his habitual offender sentences and a prior conviction on grounds which either were raised or should have been raised on appeal or in his prior post-conviction motions. Further, this petition is an attempt to bypass the trial court and raise post-conviction claims directly in the appellate court. It is thus an inappropriate remedy and an abuse of procedure. Accordingly, we dismiss the petition.

Petition to Invoke All Writs' Jurisdiction DISMISSED.

COBB and HARRIS, JJ., concur. . § 782.04(2), Fla. Stat. (2001)

. § 787.01, Fla. Stat. (2001)

. §§ 812.13(2)(a) and 777.04(1), Fla. Stat. (2001)

. § 810.02(l)(a), Fla. Stat. (2001)

. § 812.019(1), Fla. Stat. (2001)


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Cited By

  • Thomas v. State, 252 So. 3d 1201 (Fla. 2d DCA 2018)
    …d DCA 2005); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Jackson v. State, 640 So. 2d 1173 (Fla. 2d DCA - 2 - 1994); Brown v. State, 97 So. 3d 960 (Fla. 4th DCA 2012); Maddox v. State, 813 So. 2d 138 (Fla. 5th DCA 2002). BLACK, SALARIO, and ROTHSTEIN-YOUAKIM, JJ., Concur.…
  • Robinson v. State, 925 So. 2d 373 (Fla. 5th DCA 2006)
    …of Habeas Corpus Under Jurisdictional Defect Act.”1 Our review of Robinson’s petition demonstrates that his petition is merely an attempt to “bypass the trial court and raise post-conviction claims directly in the appellate court.” Maddox v. State, 813 So. 2d 138 (Fla. 5th DCA 2002) (dismissing petition to invoke all writs jurisdiction where grounds raised should have been brought on direct appeal or in a prior motion for postconviction relief). Robinson has previously filed at least one motion for postconv…

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