Harris v. State

Luis HARRIS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida

Decided January 19, 2007.

Rehearing Denied February 26, 2007.

District Court of Appeal of Florida · decided 2007-01-19

Cited by 1 later decisions — most recently August 2007

1 state decisions

Relies on Bryan v. Dugger

Good law ✅— No negative treatment on recordhow we know

Decided 2007-01-19

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¶1Luis Harris, Defuniak Springs, pro se.

¶2No Appearance for Respondent.

¶3PER CURIAM.

¶4We dismiss the petition for habeas corpus filed with this court by the petitioner, Luis Harris. Habeas corpus may not be used as a substitute for an appeal. See Bryan v. Dugger,641 So.2d 61 (Fla.1994). Mr. Harris's motion for post-conviction relief was untimely, and was summarily denied by the trial court for that and other reasons. The review of an order summarily denying a motion filed pursuant to rule 3.850 must be by appeal, as indeed the order of the trial court denying him relief specifically stated. See Fla. R.App. P. 9.141(b)(2). As Mr. Harris improperly seeks habeas review from such an order, we dismiss the petition.

¶5PETITION DISMISSED.

¶6PLEUS, C.J., SAWAYA and MONACO, JJ., concur.