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988 So. 2d 727

Goodman v. State

District Court of Appeal of Florida

Decided August 21, 2008

District Court of Appeal of Florida · decided 2008-08-21

Relies on Robinson v. State

Decided 2008-08-21

BARFIELD, J.

¶1The petition for writ of habeas corpus, which sought postconviction relief on claims of ineffective assistance of trial counsel, should have been treated as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and should have been considered on its merits. Houghtaling v. State, 670 So.2d 1019 (Fla. 2d DCA1996).

¶2The order striking the petition for lack of jurisdiction is therefore REVERSED and the case is REMANDED to the trial court for further proceedings consistent with this opinion.

KAHN and BENTON, JJ., concur.
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