Vantice L. Beshears, Jr. v. State

207 So. 3d 928, 2016 Fla. App. LEXIS 16050

Opinion

PER CURIAM.

Vantice Lee Beshears, Jr., petitions this court seeking a writ of habeas corpus, challenging the trial court’s denial of his motion for post-trial release. We note that, pursuant to Florida Rule of Appellate Procedure 9.140(h), appeals concerning post-trial release must be raised by a motion in this court, not as a petition for habeas relief. Hirsch v. State, 864 So.2d 41 (Fla. 5th DCA 2003); DeGolyer v. Wainwright, 318 So.2d 518, 519 (Fla. 1st DCA 1975). Accordingly, we construe the petition as a motion and deny it without further discussion.

PETITION CONSTRUED as MOTION and DENIED.

SAWAYA, EVANDER and WALLIS, JJ., concur.