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Baker v. State

63 So. 3d 880, 2011 Fla. App. LEXIS 8957, 2011 WL 2328284
Procedural entryThis page is a short order in Baker v. State. Read the opinion of the Court — 997 So. 2d 1182 →
District Court of Appeal of Florida·Decided June 15, 2011·No. No. 4D07-4895·Published

Opinion

PER CURIAM.

Affirmed. Further, we modify our order of September 9, 2009, which denied appellant’s coram vobis petition “without prejudice to refile after the present appeal is disposed of.” The petition is herein simply denied. A petition for coram vobis once could be used to collaterally challenge a conviction in appellate court for which petitioner was no longer in custody. Co-[881]*881ram vobis relief (brought in appellate court) and coram nobis relief (brought in trial court) are no longer necessary or available in Florida. Rule 3.850 has supplanted both coram nobis and coram vobis. See Wood v. State, 750 So.2d 592, 594 (Fla.1999); see also Bates v. State, 887 So.2d 1214, 1217 (Fla.2004).

POLEN, STEVENSON and HAZOURI, JJ., concur.

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Baker v. State, 63 So. 3d 880, 2011 Fla. App. LEXIS 8957, 2011 WL 2328284 (Fla. Ct. App. 2011).

63 So. 3d 880 (Baker v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Bates v. State
887 So. 2d 1214 (Supreme Court of Florida, 2004)
Wood v. State
750 So. 2d 592 (Supreme Court of Florida, 1999)