SYLVESTER L. BROWN, PETITIONER,
v.
JAMES CROSBY, JR., SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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PER CURIAM.
Sylvester L. Brown seeks habeas corpus relief, asserting that his life sentence violates the prohibition on sentences of “indefinite imprisonment” found in Article I, Section 17 of the Florida Constitution. We dismiss Brown’s petition as unauthorized pursuant to Baker v. State, 878 So. 2d 1236 (Fla.2004), which reiterates the well-established rule that habeas corpus will not he as a substitute for a motion for postconviction relief under the Rules of Criminal Procedure. We nonetheless note for the benefit of petitioner that it has been recognized that a life sentence is not an impermissible “indefinite sentence” for purposes of Article I, Section 17. See Alvarez v. State, 358 So. 2d 10 (Fla.1978); see also Johnson v. Crosby, 897 So. 2d 546 (Fla. 3d DCA 2005).
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED.
WOLF, C.J., VAN NORTWICK and BROWNING, JJ., concur.
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Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)…fails to allege new or different grounds for relief, or alleges new or different grounds for relief that were known or should have been known at the time the first motion was filed. 878 So. 2d at 1245-46 (emphasis added); see also Brown v. Crosby, 908 So. 2d 512, 512 (Fla. 1st DCA 2005) (dismissing habe-as corpus petition as unauthorized where petition sought to collaterally attack sentence; noting Baker’s reiteration of “the well-established rule that habeas corpus will not lie as a substitute for a motion…
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Heldrado Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010)…fferent grounds for relief that were known or should have been known at the time the first motion was filed.” Baker v. State, 878 So. 2d 1236, 1246 (Fla.2004); See also Richardson v. State, 918 So. 2d [*678] 999 (Fla. 5th DCA 2006); Brown v. Crosby, 908 So. 2d 512 (Fla. 1st DCA 2005). While the relief sought by Appellant is not time-barred, at least one previous postcon-viction motion was filed in the sentencing court and Appellant does not assert that he is bringing new or different grounds for relief. The…
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- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Alphonso Alvarez v. State, 358 So. 2d 10 (Fla. 1978)
- Williams v. State, 897 So. 2d 546 (Fla. 1st DCA 2005)