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Brown v. State

Third District Court of Appeal State of Florida
Feb 17, 2021
316 So. 3d 743 (Fla. Dist. Ct. App. 2021)

Summary

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 or 3.850"

Summary of this case from Roberts v. Inch

Opinion

No. 3D20-892

02-17-2021

Adrian BROWN, Appellant, v. The STATE of Florida, Appellee.

Adrian Brown, in proper person. Ashley Moody, Attorney General, for appellee.


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.


Summaries of

Brown v. State

Third District Court of Appeal State of Florida
Feb 17, 2021
316 So. 3d 743 (Fla. Dist. Ct. App. 2021)

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 or 3.850"

Summary of this case from Roberts v. Inch
Case details for

Brown v. State

Case Details

Full title:Adrian Brown, Appellant, v. The State of Florida, Appellee.

Court:Third District Court of Appeal State of Florida

Date published: Feb 17, 2021

Citations

316 So. 3d 743 (Fla. Dist. Ct. App. 2021)

Citing Cases

Roberts v. Inch

The petition for habeas corpus, filed as an original proceeding with this court and alleging a manifest…