Sechrist v. State

District Court of Appeal of Florida

Sechrist v. State

873 So. 2d 1255, 2004 Fla. App. LEXIS 7544, 2004 WL 1175312

District Court of Appeal of Florida·Decided May 28, 2004·No. No. 5D04-1074·Published

Opinion

PER CURIAM.

Sechrist petitions this court for a belated appeal, seeking habeas corpus relief on the grounds that the trial court failed to give him proper credit on his sentence, and that his sentence is excéssive. However, the remedy of habeas corpus is not a proper remedy because Sechrist does not, claim he is entitled to immediate release and there are other adequate post-conviction remedies. See Fla. R.Crim. P. 3.850(h).

Accordingly, we dismiss this petition without prejudice to Sechrist to seek relief pursuant to Florida Rule of Criminal Procedure 3.850 or 3.800(a), if appropriate.

DISMISSED.

SHARP, W., PETERSON and ORFINGER, JJ., concur.

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PER CURIAM.

Sechrist petitions this court for a belated appeal, seeking habeas corpus relief on the grounds that the trial court failed to give him proper credit on his sentence, and that his sentence is excéssive. However, the remedy of habeas corpus is not a proper remedy because Sechrist does not, claim he is entitled to immediate release and there are other adequate post-conviction remedies. See Fla. R.Crim. P. 3.850(h).

Accordingly, we dismiss this petition without prejudice to Sechrist to seek relief pursuant to Florida Rule of Criminal Procedure 3.850 or 3.800(a), if appropriate.

DISMISSED.

SHARP, W., PETERSON and ORFINGER, JJ., concur.

Sechrist v. State, 873 So. 2d 1255, 2004 Fla. App. LEXIS 7544, 2004 WL 1175312 (Fla. Ct. App. 2004).

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