JESSIE B. THOMAS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Habeas corpus petition denied because petitioner's claims of involuntary plea and ineffective assistance of counsel must be raised through a Rule 3.850 motion, not habeas corpus, and the time limit for filing such motion has not yet expired.
A habeas corpus petition is not the appropriate remedy for challenging the validity of a plea or raising ineffective assistance of counsel claims.
[1] Claims of involuntary plea and ineffective assistance of trial counsel must be raised by motion under Florida Rule of Criminal Procedure 3.850, not by habeas corpus petit…
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Join FLexlaw to unlock all legal intelligenceThomas filed a habeas corpus petition on May 5, 2006, seeking relief based on claims that his plea was coerced and involuntary and that his counsel wa…
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PER CURIAM.
Thomas filed a petition for writ of habe-as corpus on May 5, 2006. He is seeking relief that is not appropriate for a writ of habeas corpus relief. Johnson v. State, 589 So. 2d 456 (Fla. 5th DCA 1991). It is not the purpose of the writ to determine sufficiency of the evidence nor the adequacy of a defense nor the justice of a detention on the merits, but only to determine whether the person is legally imprisoned or restrained of liberty.
In this case, Thomas fails to assert an illegal detention and there are other adequate remedies. Moore v. State, 784 So. 2d 617 (Fla. 5th DCA 2001). In essence, he seeks to attack his plea as being coerced and involuntary or makes claims his counsel should have raised or preserved. Claims of involuntary pleas and ineffective assistance of trial counsel must be raised in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Thomas’ two year time limit for filing such a motion has not yet run and will not do so until Monday, September 11, 2006.
We deny the petition without prejudice to file a motion seeking relief pursuant to Florida Rule of Criminal Procedure 3.850.
Petition for Writ of Habeas Corpus DENIED Without Prejudice.
PALMER and TORPY, JJ., SHARP, W., Senior Judge, concur.
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Citator
Cited By
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Cassidy v. State, 178 So. 3d 540 (Fla. 1st DCA 2015)…he sentencing court pursuant to rule 3.850.”). This affirmance is without prejudice to Appellant’s seeking relief pursuant to Florida Rule of Criminal Procedure 3.850 on his claims regarding count 3 of his judgment and sentence. See Thomas v. State, 935 So. 2d 91, 91 (Fla. 5th DCA 2006). We do not pass upon the ■ viability or merits of Appellant’s claims, which is for the trial court’s determination if the claims are properly presented. Any motion filed under Rule 3.850 must comply with the content and cer…
Authorities Cited
- Joyanna Marks Layton and Jacquelin N. Fusco v. White, 784 So. 2d 617 (Fla. 5th DCA 2001)
- Fannings Johnson v. State, 589 So. 2d 456 (Fla. 5th DCA 1991)