LUIS ORLANDO VASQUEZ, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT
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Luis Orlando Vasquez petitioned for a writ of habeas corpus claiming his 2002 guilty plea should be vacated because trial counsel failed to file a motion to suppress his statements to law enforcement. The Florida Fourth District Court of Appeal denied the petition, finding it lacked merit and represented a frivolous attempt to circumvent the two-year time limit for post-conviction motions.
The court denied the petition. The two-year filing requirement is constitutional, and Vasquez's underlying claim of improper Miranda warnings lacks merit because the Miranda rights form used contained warnings that the court had previously found sufficient.
[1] A petition for writ of mandamus transferred to an appellate court will be reviewed on its merits.
[2] A claim previously rejected by an appellate court cannot be relitigated through a subsequent petition for writ of habeas corpus or mandamus.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Petitioner contends that the Miranda warnings in his case were the same as those involved in Roberts v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004). However, this claim is false.”
Court's finding that Vasquez's factual representations were misleading and the underlying claim lacked merit
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Join FLexlaw to unlock all legal intelligenceVasquez was convicted in 2002 based on statements made to law enforcement. He did not raise ineffective assistance of counsel claims in a rule 3.850 m…
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GROSS, J.
Petitioner filed a petition for writ of habeas corpus in the Supreme Court, which the Court treated as a petition for writ of mandamus and transferred to this court.
The petition raises the same issue petitioner previously filed in this court in case number 4D07-2465. We denied that petition without a written opinion.
Briefly, petitioner’s claim is that his 2002 plea must be vacated because trial counsel failed to file a motion to suppress petitioner’s statements to law enforcement. Petitioner did not raise this issue in a rule 3.850 motion filed in 2004. He attempted to amend that motion, but the trial court refused to allow the amendment because it was filed beyond the two year time limit. See Fla. R.Crim. P. 3.850(b). Petitioner then filed a petition for writ of habeas corpus claiming that the two year time limit of rule 3.850 was void because it unconstitutionally suspended the writ of habeas corpus. In the petition in this case, petitioner makes the same claim that was rejected in case number 4D07-2465.
We also note that the underlying claim is without merit. Petitioner contends that the Miranda warnings in his case were the same as those involved in Roberts v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004). However, this claim is false. The Miranda rights form used by the Coral Springs Police Department in this case contains warnings that this court found sufficient in Cañete v. State, 921 So. 2d 687 (Fla. 4th DCA 2006).
Post-conviction relief cases comprise about 30 percent of the case load of this court. Sadly, this case is a paradigm for many such cases — frivolous arguments, based upon misrepresentations of fact, brought multiple times, in multiple courts.
Petition for writ of mandamus denied.
WARNER and HAZOURI, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gorman Roberts, Jr. v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004)
- Canete v. State, 921 So. 2d 687 (Fla. 4th DCA 2006)