Maynard v. Severson

District Court of Appeal of Florida

Maynard v. Severson

204 So. 3d 62, 2016 Fla. App. LEXIS 15590

CourtDistrict Court of Appeal of Florida

DecidedOctober 19, 2016

DocketNo. 4D16-1731

StatusPublished

This text of 204 So. 3d 62 (Maynard v. Severson) 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

Maynard v. Severson, 204 So. 3d 62, 2016 Fla. App. LEXIS 15590 (Fla. Ct. App. 2016).

Pincite

Opinion

PER CURIAM.

John Maynard appeals a non-final order transferring his habeas corpus petition from Okeechobee County, where he is incarcerated, to Manatee County, where he was convicted and sentenced. . After reviewing Maynard’s petition, we conclude that it is unauthorized because it raises claims that should have been raised on direct appeal or in -a timely motion for postconviction relief. See Baker v. State, 878 So.2d 1236, 1245-46 (Fla.2004). As the petition is unauthorized, the trial court was not required to transfer it to Manatee County. Rafael v. Crews, 154 So.3d 505, 507 (Fla. 4th DCA 2015). Accordingly, we reverse the trial court’s order and remand this case with instructions to dismiss the petition as unauthorized. Id.

Reversed and remanded with instructions.

GROSS, TAYLOR and FORST, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

John Maynard appeals a non-final order transferring his habeas corpus petition from Okeechobee County, where he is incarcerated, to Manatee County, where he was convicted and sentenced. . After reviewing Maynard’s petition, we conclude that it is unauthorized because it raises claims that should have been raised on direct appeal or in -a timely motion for postconviction relief. See Baker v. State, 878 So.2d 1236, 1245-46 (Fla.2004). As the petition is unauthorized, the trial court was not required to transfer it to Manatee County. Rafael v. Crews, 154 So.3d 505, 507 (Fla. 4th DCA 2015). Accordingly, we reverse the trial court’s order and remand this case with instructions to dismiss the petition as unauthorized. Id.

Reversed and remanded with instructions.

GROSS, TAYLOR and FORST, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

204 So. 3d 62, 2016 Fla. App. LEXIS 15590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maynard-v-severson-fladistctapp-2016.

Opinion

Related

Cite This Page — Counsel Stack