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851 So. 2d 228

Docket No. 1D01-4964.

Spratling v. State

James SPRATLING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2003-07-17

Cited by 5 later decisions — most recently February 2008

5 state decisions

Key passage — most relied on by later courts

“A petition for habeas corpus may not be used to collaterally attack a criminal judgment and sentence because Florida Rule of Criminal Procedure 3.850 has superseded habeas corpus as the only means to raise such issues.”

quoted by 1 later decision, including Richardson v. State

Relies on 511 So. 2d 554 - White v. Dugger · Robbins v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2003-07-17

View the full empirical analysis of this case →

¶1James C. Spratling, pro se.

¶2Charlie Crist, Attorney General; Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for appellee.

¶3PER CURIAM.

¶4James Spratling is appealing the circuit court's denial of his petition for writ of habeas corpus. We affirm as the appellant presents no basis on appeal to overturn the circuit court's decision, and the trial court's basis for denying the petition is supported by Florida law. The appellant's claims in his habeas petition are claims cognizable under rule 3.850, Florida Rules of Criminal Procedure. It is well settled that a petition for habeas corpus may not be used to collaterally challenge a criminal judgment or sentence and that rule 3.850 has superceded habeas corpus as the means of collateral attack of a judgment and sentence in Florida. See, e.g., Fla. R.Crim. Pro. 3.850(h); White v. Dugger,511 So.2d 554 (Fla.1987); Robbins v. State,564 So.2d 256 (Fla. 1st DCA 1990). The circuit court correctly noted that even if treated as a rule 3.850 motion, appellant's *229 claims would have been procedurally barred as untimely. Affirm.

¶5WOLF, C.J., ERVIN and BENTON, JJ., concur.

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