ADRIAN BROWN
v.
STATE
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The Florida Third District Court of Appeal affirmed the lower court's decision, holding that a petition for a writ of habeas corpus cannot be used as a substitute for post-conviction relief motions under Florida Rules of Criminal Procedure.
No, a petition for a writ of habeas corpus is not a substitute for a post-conviction motion under Florida Rule of Criminal Procedure 3.800(a) or 3.850.
[1] A petition for writ of habeas corpus is not a proper procedural mechanism for challenging a conviction or sentence when post-conviction relief is available under Florida…
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Join FLexlaw to unlock all legal intelligence“a petition for writ of habeas corpus is not a substitute for a post-conviction motion under Florida Rule of Criminal Procedure 3.800(a) or 3.850”
Establishes the core principle that habeas corpus is not a substitute for other post-conviction remedies.
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Join FLexlaw to unlock all legal intelligenceAdrian Brown appealed a decision from the Circuit Court for Miami-Dade County. The specific facts leading to the appeal are not detailed in the opinio…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal
State of Florida
Opinion filed February 17, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-892 Lower Tribunal No. 10-31898
________________
Adrian Brown,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge. Adrian Brown, in proper person.
Ashley Moody, Attorney General, for appellee. Before EMAS, C.J., and SCALES and LOBREE, JJ. PER CURIAM.
Affirmed. See Lindo v. State, 981 So. 2d 1212 (Fla. 3d DCA 2008) (noting that “a petition for writ of habeas corpus is not a substitute for a postconviction motion under Florida Rule of Criminal Procedure 3.800(a) or 3.850”); Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010); (holding “habeas corpus may not be used as a substitute for an appropriate motion seeking postconviction relief pursuant to the Florida Rules of Criminal Procedure”). See also Martinez v. State, 211 So. 3d 989, 992 (Fla. 2017) (holding that a challenge to “the procedure that led to the imposition of his minimum mandatory sentence by arguing that he was deprived of his due process right to notice of the potential punishment he faced . . . is not cognizable in a rule 3.800(a) motion.”)
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Johnson v. State (Fla. 3d DCA 2011)…838 (Fla. 3d DCA 2007) (petition for writ of mandamus denied). (29) Johnson v. State, 973 So. 2d 455 (Fla. 3d DCA 2008) (petition for belated appeal denied as notice of appeal filed and pending under a separate case number). (30) Johnson v. State, 981 So. 2d 1212 (Fla. 3d DCA 2008) (affirming denial of rule 3.850 motion for postconviction relief). (31) Johnson v. State, 990 So. 2d 1075 (Fla. 3d DCA 2008) (petition for belated appeal granted). (32) Johnson v. State, 990 So. 2d 1075 (Fla. 3d DCA 2008) (petit…
Authorities Cited
- Heldrado Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010)
- Martinez v. State, 211 So. 3d 989 (Fla. 2017)