LUIS HARRIS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
LUIS HARRIS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
949 So. 2d 241
Florida District Court of Appeal, Fifth District (2007)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We dismiss the petition for habeas corpus filed with this court by the petitioner, Luis Harris. Habeas corpus may not be used as a substitute for an appeal. See Bryan v. Dugger, 641 So. 2d 61 (Fla.1994). Mr. Harris’s motion for post-conviction relief was untimely, and was summarily denied by the trial court for that and other reasons. The review of an order summarily denying a motion filed pursuant to rule 3.850 must be by appeal, as indeed the order of the trial court denying him relief specifically stated. See Fla. R.App. P. 9.141(b)(2). As Mr. Harris improperly seeks habeas review from such an order, we dismiss the petition.
PETITION DISMISSED.
PLEUS, C.J., SAWAYA and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Siplen v. State, 963 So. 2d 317 (Fla. 5th DCA 2007)…ing in this court, and has not yet been perfected. As an order modifying probation may be appealed,1 the appeal initiated by Siplen is the proper appellate remedy. Therefore, the instant habeas petition is dismissed. See generally Harris v. State, 949 So. 2d 241 (Fla. 5th DCA 2007) (habeas corpus may not be used as a substitute for an appeal). PETITION DISMISSED. PALMER, C.J., SAWAYA and MONACO, JJ., concur. . See Fla. R.App. P.9.140(b)(1)(D).…
Authorities Cited
- Bryan v. Dugger, 641 So. 2d 61 (Fla. 1994)