HENRY A. THOMAS
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2024-01-31
No. 2023-1716
Hirsch, J., Fernandez, J., Scales, J., Hendon, J.
2024 FL 985 Florida District Court of Appeal, Third District (2024)

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Holding

Habeas corpus is not available in Florida to obtain collateral postconviction relief that is properly pursued through a Rule 3.850 motion in the sentencing court.


Headnotes

[1] Habeas corpus is not an available remedy in Florida for obtaining collateral postconviction relief that may be pursued through a Rule 3.850 motion in the sentencing court…

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Key Quotes

“The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.”

Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004), cited by the court in affirming the trial court's decision.

Facts & Procedural History

Henry A. Thomas appealed from a circuit court decision in Miami-Dade County. The appeal concerns the availability of habeas corpus as a remedy for pos…

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Opinion of the Court
Hendon

Third District Court of Appeal State of Florida

Opinion filed January 31, 2024. Not final until disposition of timely filed motion for rehearing.

No. 3D23-1716 Lower Tribunal No. F03-15218

Henry A. Thomas, Appellant, vs. The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Milton Hirsch, Judge.

Henry A. Thomas, in proper person.

Ashley Moody, Attorney General, for appellee.

Before FERNANDEZ, SCALES and HENDON, JJ.

PER CURIAM.

Affirmed. See Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) (“The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.”). 2


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