Blakely v. State

District Court of Appeal of Florida

Blakely v. State

132 So. 3d 295, 2014 WL 51675, 2014 Fla. App. LEXIS 172

CourtDistrict Court of Appeal of Florida

DecidedJanuary 8, 2014

DocketNo. 4D13-200

StatusPublished

This text of 132 So. 3d 295 (Blakely v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blakely v. State, 132 So. 3d 295, 2014 WL 51675, 2014 Fla. App. LEXIS 172 (Fla. Ct. App. 2014).

Pincite

Opinion

PER CURIAM.

Corrine Blakely has filed a petition for writ of habeas corpus contending that she was entitled to the same relief that was granted to the appellant in DeLuise v. State, 72 So.3d 248 (Fla. 4th DCA 2011). Blakely claims that a manifest injustice has occurred because this court rejected her argument and affirmed without opinion in her direct appeal, but granted relief on similar grounds to appellant DeLuise later that same year.

We do not reach the issue of whether Blakely states a valid basis for relief under these circumstances. This court has now receded from the holding of DeLuise. Noel v. State, 127 So.3d 769 (Fla. 4th DCA 2013) (certifying conflict with Nezi v. State, 119 So.3d 517 (Fla. 5th DCA 2013)). We are bound by the decision in Noel. The petition must be denied on this basis alone.

Denied.

DAMOORGIAN, C.J., GROSS and KLINGENSMITH, JJ., concur.

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