Jason Holland v. State of Florida

District Court of Appeal of Florida

Jason Holland v. State of Florida

191 So. 3d 942, 2016 WL 2731664, 2016 Fla. App. LEXIS 7175

District Court of Appeal of Florida·Decided May 11, 2016·No. 4D16-253·Published

Opinion

PER CURIAM.

Jason Holland appeals the denial of his petition for writ of habeas corpus, which was treated as a rule 3.850 motion for post-conviction relief. We find no error in the trial court’s denial of the petition as untimely and impermissibly successive. However, the court’s order mistakenly refers to a previous rule 3.850 motion filed in February 2013 instead of this habeas petition filed in April 2015. On remand, the trial court is instructed to amend its order to-refer to the correct pleading.

Affirmed and Remanded with instructions,

STEVENSON, GROSS and ■ KLINGENSMITH, JJ., concur.'

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PER CURIAM.

Jason Holland appeals the denial of his petition for writ of habeas corpus, which was treated as a rule 3.850 motion for post-conviction relief. We find no error in the trial court’s denial of the petition as untimely and impermissibly successive. However, the court’s order mistakenly refers to a previous rule 3.850 motion filed in February 2013 instead of this habeas petition filed in April 2015. On remand, the trial court is instructed to amend its order to-refer to the correct pleading.

Affirmed and Remanded with instructions,

STEVENSON, GROSS and ■ KLINGENSMITH, JJ., concur.'

Jason Holland v. State of Florida, 191 So. 3d 942, 2016 WL 2731664, 2016 Fla. App. LEXIS 7175 (Fla. Ct. App. 2016).

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191 So. 3d 942 (Jason Holland v. State of Florida) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.