JAMES SPRATLING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
James Spratling is appealing the circuit court’s denial of his petition for writ of habeas corpus. We affirm as the appellant presents no basis on appeal to overturn the circuit court’s decision, and the trial court’s basis for denying the petition is supported by Florida law. The appellant’s claims in his habeas petition are claims cognizable under rule 3.850, Florida Rules of Criminal Procedure. It is well settled that a petition for habeas corpus may not be used to collaterally challenge a criminal judgment or sentence and that rule 3.850 has superceded habeas corpus as the means of collateral attack of a judgment and sentence in Florida. See, e.g., Fla. R.Crim. Pro. 3.850(h); White v. Dugger, 511 So. 2d 554 (Fla.1987); Robbins v. State, 564 So. 2d 256 (Fla. 1st DCA 1990). The circuit court correctly noted that even if treated as a rule 3.850 motion, appellant’s claims would have been procedurally barred as untimely. Affirm.
WOLF, C.J., ERVIN and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)…petition for habe-as corpus may not be used to collaterally attack a criminal judgment and sentence because Florida Rule of Criminal Procedure 3.850 has superseded habeas corpus as the only means to raise such issues.”); Collins; Spratling v. State, 851 So. 2d 228 (Fla. 1st DCA 2003); Bryant v. State, 780 So. 2d 978, 979 (Fla. 5th DCA) (“We agree with the trial court that Bryant is collaterally attacking his judgment and sentence and that the proper method to do so was to file a motion pursuant to Florida Rul…
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Washington v. State, 876 So. 2d 1233 (Fla. 5th DCA 2004)…ack a criminal judgment and sentence because Florida Rule of Criminal Procedure 3.850 has superceded habeas corpus as the only means to raise such issues. See Baker v. State, 878 So. 2d 1236, 2004 WL 439879 (Fla. March 11, 2004); Spratling v. State, 851 So. 2d 228 (Fla. 1st DCA 2003). More importantly, the petition is successive and thus an abuse of process. See Spaziano v. State, 545 So. 2d 843 (Fla.1989); Torres v. State, 554 So. 2d 1230 (Fla. 2d DCA 1990). After Washington appealed from the criminal judgm…
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Crow v. State, 866 So. 2d 1257 (Fla. 1st DCA 2004)…t a collateral challenge to Ms conviction, the petition will be denied with leave to file a motion under the comprehensive procedure in rule 3.850. See Fla. R.Crim. P. 3.850(h); Geiger v. State, 861 So. 2d 93 (Fla. 1st DCA 2003); Spratling v. State, 851 So. 2d 228 (Fla. 1st DCA 2003). Because a postconviction motion under rule 3.850 is the functional equivalent of a petition for writ of habeas corpus, the Legislature lacks the authority to define the circumstances in which it may be granted. This point is il…
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- Beauford White v. Dugger, 511 So. 2d 554 (Fla. 1987)
- Robbins v. State of Fla. & Richard Dugger, 564 So. 2d 256 (Fla. 1st DCA 1990)