Johnny William McIntyre v. the State of Florida
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Opinion
Third District Court of Appeal State of Florida
Opinion filed October 16, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1252 Lower Tribunal No. F97-1108 ________________
Johnny William McIntyre, Petitioner,
vs.
The State of Florida, Respondent.
A Case of Original Jurisdiction – Habeas Corpus.
Johnny William McIntyre, in proper person.
Ashley Moody, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for respondent.
Before LOGUE, C.J., and LINDSEY and BOKOR, JJ.
On Motion for Rehearing and/or Clarification
PER CURIAM. Upon consideration of Petitioner Johnny William McIntyre’s Motion for
Rehearing and/or Clarification, and the State’s Response, we withdraw this
Court’s July 24, 2024 Order and issue the following in its place. McIntyre
petitions this Court for a writ of habeas corpus on the grounds that his
habitual felony offender sentences for three felonies committed in 1997
should be reversed. Based on the record before us, we dismiss the
petition. See Baker v. State, 878 So. 2d 1236, 1241 (Fla. 2004) (explaining
that habeas corpus cannot be used to seek a second appeal or to litigate
issues that could have been or were raised in a motion under Florida Rule of
Criminal Procedure 3.850).
Petition dismissed.
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