Brown v. Crosby
This text of 908 So. 2d 512 (Brown v. Crosby) 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.
Opinion
Sylvester L. BROWN, Petitioner,
v.
James CROSBY, Jr., Secretary, Florida Department of Corrections, Respondent.
District Court of Appeal of Florida, First District.
Sylvester L. Brown, petitioner, pro se.
Charlie Crist, Attorney General, Tallahassee, for respondent.
PER CURIAM.
Sylvester L. Brown seeks habeas corpus relief, asserting that his life sentence violates the prohibition on sentences of "indefinite imprisonment" found in Article I, Section 17 of the Florida Constitution. We dismiss Brown's petition as unauthorized pursuant to Baker v. State, 878 So.2d 1236 (Fla.2004), which reiterates the well-established rule that habeas corpus will not lie as a substitute for a motion for postconviction relief under the Rules of Criminal Procedure. We nonetheless note for the benefit of petitioner that it has been recognized that a life sentence is not an impermissible "indefinite sentence" for purposes of Article I, Section 17. See Alvarez v. State, 358 So.2d 10 (Fla.1978); see also Johnson v. Crosby, 897 So.2d 546 (Fla. 3d DCA 2005).
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED.
WOLF, C.J., VAN NORTWICK and BROWNING, JJ., concur.
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908 So. 2d 512, 2005 WL 1467927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-crosby-fladistctapp-2005.