WILBUR L. MITCHELL
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2024-03-27
No. 2023-2019
Scales, J., Lindsey, J., Lobree, J., Areces, J.
2024 FL 3438 Florida District Court of Appeal, Third District (2024)

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Holding

The court affirmed the circuit court's decision, finding that Mitchell's arguments had been previously rejected in prior habeas corpus and post-conviction relief proceedings.


Facts & Procedural History

Wilbur L. Mitchell appealed a circuit court decision in Miami-Dade County. Mitchell had previously filed habeas corpus petitions and post-conviction r…

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Opinion of the Court
Lobree

Third District Court of Appeal State of Florida

Opinion filed March 27, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-2019 Lower Tribunal No. F93-36795 ________________

Wilbur L. Mitchell, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.

Wilbur L. Mitchell, in proper person.

Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.

Before SCALES, LINDSEY and LOBREE, JJ.

PER CURIAM.

Affirmed. See Mitchell v. State, 327 So. 3d 411, 411-12 (Fla. 3d DCA

Footnotes
2 2021) (dismissing prior habeas corpus petition raising same argument); Mitchell v. State, 317 So. 3d 1144 (Fla. 3d DCA 2021) (table) (affirming denial of 3.800 claim raising same argument); Mitchell v. State, 689 So. 2d 1118, 1120 (Fla. 3d DCA 1997) (affirming court’s reclassification of Mitchell’s manslaughter conviction to first degree felony for use of firearm).

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