HERBERT N. PRICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the trial court's denial of habeas corpus relief, holding that a habeas petition cannot be used to challenge the legal sufficiency of an information when such claims should have been raised on direct appeal.
A habeas corpus petition cannot be used to litigate the legal sufficiency of an information, which is a matter that should have been raised on direct appeal.
[1] A habeas corpus petition cannot be used to challenge the legal sufficiency of an information, as such claims are properly raised on direct appeal.
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Join FLexlaw to unlock all legal intelligenceHerbert N. Price was convicted of sexual battery on a physically incapacitated person and sentenced to prison in March 2003. He voluntarily dismissed …
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PER CURIAM.
Herbert N. Price appeals the trial court’s denial of his petition for writ of habeas corpus. Price was convicted of sexual battery on a physically incapacitated person and sentenced to prison in March 2003. He voluntarily dismissed his appeal. In March 2005, Price filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, claiming ineffective assistance of trial counsel. The trial court held an evidentiary hearing on six of Price’s claims, summarily denying only one. Following the evidentiary hearing, the trial court denied relief. Price’s appeal of that order is pending in this Court. See Price v. State, No. 5D06-890 (Fla. 5th DCA filed Mar. 16, 2006).
Price then filed a petition for writ of habeas corpus with the trial court, alleging that the information charging him with the crime was fatally defective as it failed to allege an essential element of the offense. The trial court correctly held that a habeas corpus petition cannot be used to litigate matters that could have and should have been raised on direct appeal. This includes the legal sufficiency of the information. See Moore v. State, 817 So. 2d 1072 (Fla. 5th DCA 2002).
AFFIRMED.
PLEUS, C.J., ORFINGER and MONACO, JJ., concur.
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Price v. State, 995 So. 2d 401 (Fla. 2008)…QUINCE, C.J. Herbert N. Price seeks review of the decision of the Fifth District Court of Appeal in Price v. State, 937 So. 2d 702 (Fla. 5th DCA 2006), on the ground that it expressly and directly conflicts with the decision of this Court in State v. Gray, 435 So. 2d 816 (Fla.1983), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons e…
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Wilkus v. State, 980 So. 2d 531 (Fla. 5th DCA 2008)…PER CURIAM. AFFIRMED. See Price v. State, 937 So. 2d 702 (Fla. 5th DCA 2006), review granted, 950 So. 2d 414 (Fla.2007). GRIFFIN, MONACO and LAWSON, JJ., concur.…
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Baker v. State, 155 So. 3d 422 (Fla. 3d DCA 2014)…not err by failing to construe the habeas petition as a motion for post-conviction relief. The grounds raised by Baker are inappropriate for a habeas petition because they could have and should have been raised on direct appeal. See Price v. State, 937 So. 2d 702, 702-03 (Fla. 5th DCA 2006); Moore v. State, 817 So. 2d 1072 (Fla. 5th DCA 2002). Additionally, if these grounds were asserted pursuant to Florida Rule of Criminal Procedure 3.850, they are time-barred. See Fla. R. Crim. P. 3.850(b). Generally, “[i…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moore v. State, 817 So. 2d 1072 (Fla. 5th DCA 2002)
- Guglielmo v. State, 817 So. 2d 1072 (Fla. 5th DCA 2002)