Gorham v. State

District Court of Appeal of Florida

Gorham v. State

955 So. 2d 639, 2007 Fla. App. LEXIS 6642, 2007 WL 1263491

CourtDistrict Court of Appeal of Florida

DecidedMay 2, 2007

DocketNo. 4D06-4271

StatusPublished

This text of 955 So. 2d 639 (Gorham 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

Gorham v. State, 955 So. 2d 639, 2007 Fla. App. LEXIS 6642, 2007 WL 1263491 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

Affirmed. Gorham filed a petition for writ of habeas corpus in the trial court, raising the issue of the proper release date to be- used from his conviction in Palm Beach County for purposes of application of the Prison Releasee Reoffender statute to a new conviction and sentence imposed upon him in Okeechobee County. The trial court properly denied the petition, as Gorham is not being detained in Okeechobee County based upon the conviction in Palm Beach County, and the Palm Beach County circuit court did not determine the applicable release date. This same issue is being raised in Gorham’s appeal of his conviction and sentence in Okeechobee County, which is the proper way to present the issue to this court.

GUNTHER, WARNER and POLEN, JJ., concur.

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PER CURIAM.

Affirmed. Gorham filed a petition for writ of habeas corpus in the trial court, raising the issue of the proper release date to be- used from his conviction in Palm Beach County for purposes of application of the Prison Releasee Reoffender statute to a new conviction and sentence imposed upon him in Okeechobee County. The trial court properly denied the petition, as Gorham is not being detained in Okeechobee County based upon the conviction in Palm Beach County, and the Palm Beach County circuit court did not determine the applicable release date. This same issue is being raised in Gorham’s appeal of his conviction and sentence in Okeechobee County, which is the proper way to present the issue to this court.

GUNTHER, WARNER and POLEN, JJ., concur.

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Bluebook (online)

955 So. 2d 639, 2007 Fla. App. LEXIS 6642, 2007 WL 1263491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorham-v-state-fladistctapp-2007.