FREDDIE SIPLEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Freddie Siplen filed a petition for writ of habeas corpus on July 23, 2007, seeking review of an order entered on May 1, 2007, which modified his probation to include electronic monitoring as a condition of probation. Prior to the filing of the instant habeas petition, Siplen filed a notice of appeal on May 25, 2007, from the same order modifying probation entered on May 1, 2007. That appeal is pending 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).
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Laq Lamar Swanigan v. State, 57 So. 3d 989 (Fla. 5th DCA 2011)…tion 775.087(2), Florida Statutes (2008), is improper where the offenses occurred during a single criminal episode unless the defendant discharges the firearm and injures multiple victims or causes multiple injuries to one victim. Valentin v. State, 963 So. 2d 317, 319-20 (Fla. 5th DCA 2007) (citing State v. Christian, 692 So. 2d 889 (Fla.1997); State v. Thomas, 487 So. 2d 1043 (Fla.1986); Palmer v. State, 438 So. 2d 1 (Fla.1983)). In Irizarry v. State, 946 So. 2d 555 (Fla. 5th DCA 2006), this Court determi…
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Issac Nicholas Ray Fleming v. State, 75 So. 3d 397 (Fla. 5th DCA 2011)…g consecutive mandatory minimum terms imposed for cocaine trafficking (under § 893.135(1)) and aggravated assault with a firearm (under § 775.087(2))); see also Downs v. State, 616 So. 2d 444, 446 (Fla.1993) (citing McDonald ). In Valentin v. State, 963 So. 2d 317, 319 (Fla. 5th DCA 2007), this Court examined the stacking of mandatory minimum terms imposed for a capital and firearm offense in Downs, and explained that such stacking was proper because the statutory bases for the mandatory minimum terms derived…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Harris v. State, 949 So. 2d 241 (Fla. 5th DCA 2007)
- Pelto v. State, 949 So. 2d 241 (Fla. 5th DCA 2007)