JOSHUA D. FRANKLIN
v.
STATE OF FLORIDA
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The trial court's order striking the defendant's second motion for postconviction relief was proper, and the unauthorized habeas corpus petition was correctly dismissed.
[1] A petition for writ of habeas corpus may be dismissed as unauthorized when used as a vehicle for postconviction relief that should be pursued through proper procedural ch…
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Join FLexlaw to unlock all legal intelligenceJoshua D. Franklin, proceeding pro se, filed a second motion for postconviction relief. The trial court struck this motion on December 1, 2020, and Fr…
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September 15, 2021 PER CURIAM.
The Second Order Striking the Defendant’s Second Motion for Postconviction Relief, rendered by the trial court on December 1, 2020, is hereby AFFIRMED.
The petition for Writ of Habeas Corpus, filed September 29, 2020, and transferred to this Court June 11, 2021, is hereby DISMISSED as unauthorized. See Williams v. Crews, 111 So. 3d 301, 302 (Fla. 1st DCA 2013).
ROWE, C.J., and LEWIS and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Joshua D. Franklin, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.