Aldean Harper v. State of Florida

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 18, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-0195 Lower Tribunal No. F02-11330 ________________

Aldean Harper, Appellant,

vs.

State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.315(a) from the Circuit Court for Miami-Dade County, Lody Jean, Judge.

Aldean Harper, in proper person.

James Uthmeier, Attorney General, and Yolande M. Samerson, Assistant Attorney General, for appellee.

Before GORDO, BOKOR and GOODEN, JJ.

PER CURIAM. Affirmed. See Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) (“The

remedy of habeas corpus is not available in Florida to obtain the kind of

collateral postconviction relief available by motion in the sentencing court

pursuant to rule 3.850.”); Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla.

1992) (“Habeas corpus is not a second appeal and cannot be used to litigate

or relitigate issues which could have been, should have been, or were raised

on direct appeal.”).