Evans v. State

District Court of Appeal of Florida

Evans v. State

175 So. 2d 226, 1965 Fla. App. LEXIS 4180

CourtDistrict Court of Appeal of Florida

DecidedMay 25, 1965

DocketNo. G-374

StatusPublished

This text of 175 So. 2d 226 (Evans 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

Evans v. State, 175 So. 2d 226, 1965 Fla. App. LEXIS 4180 (Fla. Ct. App. 1965).

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Opinion

PER CURIAM.

Petitioner styles this proceeding as a “Petition for a Writ of Habeas Corpus —Case #2892 RE: Motion to Vacate filed in Leon County on Aug. 20 — 1964. Denied April 14, 1965.” A review of petitioner’s pleading discloses that he is attempting to utilize an original proceeding in habeas corpus as a substitute for an appeal from an adverse decision in the trial court in a Rule 1 proceeding. Such is not the proper office of a habeas corpus proceeding. The instant pleading neither makes a prima facie case for relief in a habeas corpus proceeding nor does it remotely comply with rules prescribed for the appeal of an adverse decision in a Rule 1 proceeding. So, the petition is dismissed.

STURGIS, C. J., and WIGGINTON and RAWLS, JJ., concur.

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PER CURIAM.

Petitioner styles this proceeding as a “Petition for a Writ of Habeas Corpus —Case #2892 RE: Motion to Vacate filed in Leon County on Aug. 20 — 1964. Denied April 14, 1965.” A review of petitioner’s pleading discloses that he is attempting to utilize an original proceeding in habeas corpus as a substitute for an appeal from an adverse decision in the trial court in a Rule 1 proceeding. Such is not the proper office of a habeas corpus proceeding. The instant pleading neither makes a prima facie case for relief in a habeas corpus proceeding nor does it remotely comply with rules prescribed for the appeal of an adverse decision in a Rule 1 proceeding. So, the petition is dismissed.

STURGIS, C. J., and WIGGINTON and RAWLS, JJ., concur.

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Bluebook (online)

175 So. 2d 226, 1965 Fla. App. LEXIS 4180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-state-fladistctapp-1965.