COLON
v.
SUMMERS
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Habeas corpus is not available to collaterally attack a judgment and sentence when the claims can be raised by motion under Florida Rule of Criminal Procedure 3.850.
[1] Florida Rule of Criminal Procedure 3.850 completely superseded habeas corpus as the means of collateral attack on judgments and sentences, and habeas corpus relief is not…
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Describing the effect of Florida Rule of Criminal Procedure 3.850
Angel Colon, an inmate in the Florida Department of Corrections serving a sentence from Orange County, filed an amended petition for writ of habeas co…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2025-0111 _____________________________
ANGEL M. COLON,
Appellant,
v.
J. SUMMERS, Warden Liberty
C.I.,
Appellee. _____________________________
On appeal from the Circuit Court for Liberty County. David M. Frank, Judge.
August 13, 2025
PER CURIAM.
Angel Colon appeals an order dismissing his amended petition for writ of habeas corpus with prejudice. Colon is in the custody of the Florida Department of Corrections, serving a sentence entered by the circuit court in the Ninth Judicial Circuit, in and for Orange County. See Colon v. State, 705 So. 2d 912 (Fla. 5th DCA 1998) (affirming judgment and sentence in an unelaborated opinion). He is currently housed in Liberty County, Florida, located in the Second Judicial Circuit. The circuit court correctly found that Colon’s petition for writ of habeas corpus, and his amended petition, constituted improper collateral attacks on his judgment and sentence. In his petitions,
AFFIRMED.
BILBREY, KELSEY, and NORDBY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
James Uthmeier, Attorney General, and Anne C. Conley, Senior Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- State v. Broom, 523 So. 2d 639 (Fla. 2d DCA 1988)
- Heldrado Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010)
- Patterson v. State, 664 So. 2d 31 (Fla. 4th DCA 1995)