TERENCE A. FRAZIER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-04-06
No. 3D04-1486
Before COPE, GERSTEN, and WELLS, JJ.
898 So. 2d 1183 Florida District Court of Appeal, Third District (2005) Positive Treatment
Cited by 6 cases
Topics
Involuntary Plea Habeas Corpus Petition Postconviction Relief

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Opinion of the Court
WELLS, Judge.

WELLS, Judge.

Terence Frazier appeals from the denial of his petition for writ of habeas corpus in which he claims that his guilty plea was involuntary because it was coerced by the trial court. We affirm.

A claim that a plea is involuntary must be brought under Rule 3.850. Sanchez v. State, 683 So. 2d 606, 606 (Fla. 3d DCA 1996). That rule imposes a two-year time limit for seeking relief in circumstances such as those existing here. See Fla. R.Crim. P. 3.850(b). As we have stated in the past, a “petition for habeas corpus cannot be used to circumvent the two-year period for filing motions for postconviction relief.” Calloway v. State, 699 So. 2d 849, 849 (Fla. 3d DCA 1997). The record also shows that petitioner previously filed a 3.850 motion for post-conviction relief in which he raised a number of issues regarding his plea. That motion was denied and affirmed by this court on ap peal. Frazier v. State, 748 So. 2d 278 (Fla. 3d DCA 1999). Under the circumstances, we find the instant motion is also barred as successive. See Sanchez, 683 So. 2d at 606 (confirming that allegations that could have been made in a previous postconviction motion did not present grounds for relief).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Cook v. Crosby, 914 So. 2d 490 (Fla. 1st DCA 2005)
    …apon in Holley v. State, 877 So. 2d 893 (Fla. 1st DCA 2004).1 The trial court denied the [*491] petition and we affirm. Cook has raised this issue in previous post-conviction motions; hence the petition was procedurally barred. See Frazier v. State, 898 So. 2d 1183 (Fla. 3d DCA 2005); Heilmann v. State, 832 So. 2d 834 (Fla. 5th DCA 2002). AFFIRMED. ERVIN, BARFIELD and VAN NORTWICK, JJ., concur. . Although a razor knife/box cutter was not designed or constructed to cause death or great bodily harm, it ca…
  • Palmer v. State, 967 So. 2d 359 (Fla. 3d DCA 2007)
    …his Court on December 27, 2006. Palmer v. State, 946 So. 2d 28 (Fla. 3d DCA 2006). The “second amended motion” therefore is barred as successive, and it was correctly dismissed under Florida Rule of Criminal Procedure 3.850(f). See Frazier v. State, 898 So. 2d 1183, 1184 (Fla. 3d DCA 2005). Affirmed.…
  • Reese v. State, 11 So. 3d 399 (Fla. 3d DCA 2009)
    …irm. See Baker v. State, 878 So. 2d 1236, 1240-41 (Fla.2004) (holding that a petition for writ of habeas corpus cannot be used to test the legality of a prisoner’s conviction as a substitute for a motion for postconviction relief); Frazier v. State, 898 So. 2d 1183 (Fla. 3d DCA 2005) (stating that a petition for habeas corpus cannot be used to circumvent the two-year period for filing motions for postconviction relief). Because the claims raised in the instant petition were previously raised or could have be…

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