Warren K. Martin v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: September 30, 2020
• Docket: 20-0890
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D20-890 _____________________________

WARREN K. MARTIN,

Petitioner,

v.

STATE OF FLORIDA,

Respondent. _____________________________

Petition for Writ of Habeas Corpus—Original Jurisdiction.

September 30, 2020

PER CURIAM.

DISMISSED as unauthorized. See Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) (explaining that “[t]he remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850”); Mills v. Dugger, 574 So. 2d 63, 65 (Fla. 1990) (“As we have stated numerous times, habeas corpus is not to be used for obtaining additional appeals of issues which were raised, or should have been raised, on direct appeal or which were waived at trial or which could have, should have, or have been, raised in prior postconviction filings.” (internal marks omitted)).

RAY, C.J., and BILBREY and JAY, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Warren K. Martin, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.