Summary
dismissing pro se petition for writ of habeas corpus claiming entitlement to immediate release from confinement because the allegations in the petition demonstrated that the petitioner was represented by counsel in the trial court proceedings
Summary of this case from Logan v. StateOpinion
Case No. 4D01-1900.
Opinion filed June 6, 2001.
Petition for writ of habeas corpus to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; L.T. Case Nos. 96-12237 and 96-9275.
Anthony Martin, West Palm Beach, pro se.
No response required for respondents.
Petitioner seeks a writ of habeas corpus alleging that he is entitled to immediate release from confinement. Because petitioner alleges that he is represented by counsel in the trial court proceedings, we dismiss these proceedings. See Sload v. State, 26 Fla. L. Weekly D1012 (Fla. 5th DCA Apr. 12, 2001) (habeas petition could not be entertained where petitioner was being represented by counsel). Moreover, his petition is insufficient to show that he would be entitled to immediate release. See id. The petition alleges that the Department of Corrections sought to withdraw the violation of probation warrant pursuant to which he was confined. The warrant, however, was not withdrawn. Instead, a judgment of conviction and sentence has been entered on the probation violation, which has been appealed. In addition, petitioner makes many broad allegations of fraud and corruption in the proceedings below, but the documents attached do not support his contentions. Further, the allegations raise evidentiary issues which must be pursued in the trial court, if at all.
Dismissed.
WARNER, C.J., STONE and POLEN, JJ., concur.