FRANKLIN CURTIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANKLIN CURTIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
870 So. 2d 186
Florida District Court of Appeal, Second District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
DAVIS, Judge.
Franklin Curtis challenges the order denying his petition for writ of habeas corpus. While habeas corpus is not the proper vehicle to address the claims raised by Curtis, they are cognizable in a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. It is apparent from the trial court’s analysis that it treated Curtis’ claims as if they were raised in a postconviction motion. Accordingly, finding no error, we affirm without discussion.
Affirmed.
FULMER and SILBERMAN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Clough v. State, 136 So. 3d 680 (Fla. 2d DCA 2014)…A 2008). Mr. Clough also recognizes that when a petitioner improperly seeks relief under section 79.01, the postconviction court may convert the petition to a rule 3.850 motion, absent a procedural bar. See Watts, 985 So. 2d at 22; Curtis v. State, 870 So. 2d 186, 186 (Fla. 2d DCA 2004). Mr. Clough filed his petition pursuant to section 79.01. The postconviction court properly treated it as a rule 3.850 motion because Mr. Clough was incarcerated in Gulf County and the claims raised in the petition collateral…
-
Bruno v. State, 46 So. 3d 74 (Fla. 5th DCA 2010)…ha-beas corpus in circuit court in which he was convicted, court should have treated petition as a motion seeking postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850))), review denied, 4 So. 3d 678 (Fla.2009); Curtis v. State, 870 So. 2d 186, 186 (Fla. 2d DCA 2004); Harris v. State, 789 So. 2d 1114, 1115 (Fla. 1st DCA 2001). REVERSED AND REMANDED. MONACO, C.J., SAWAYA and COHEN, JJ., concur.…