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Carrell v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jul 27, 2020
299 So. 3d 1190 (Fla. Dist. Ct. App. 2020)

Opinion

No. 1D19-3622

07-27-2020

Barry CARRELL, Petitioner, v. STATE of Florida, Respondent.

Barry Carrell, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.


Barry Carrell, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.

Per Curiam.

The petition for writ of habeas corpus is dismissed as unauthorized. See Baker v. State , 878 So. 2d 1236 (Fla. 2004) (holding that habeas corpus is not a means to litigate issues that could have been or were raised in a direct appeal or postconviction motion).

Petitioner is warned that any future filings that this Court determines to be frivolous may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures. See § 944.279, Fla. Stat. (2019) (providing that "[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal ... or to have brought a frivolous or malicious collateral criminal proceeding ... is subject to disciplinary procedures pursuant to the rules of the Department of Corrections").

Ray, C.J., and Jay and Long, JJ., concur.


Summaries of

Carrell v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jul 27, 2020
299 So. 3d 1190 (Fla. Dist. Ct. App. 2020)
Case details for

Carrell v. State

Case Details

Full title:BARRY CARRELL, Petitioner, v. STATE OF FLORIDA, Respondent.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Jul 27, 2020

Citations

299 So. 3d 1190 (Fla. Dist. Ct. App. 2020)