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Spratling v. State

District Court of Appeal of Florida, First District
Jul 17, 2003
851 So. 2d 228 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 1D01-4964

July 17, 2003.

An appeal from Circuit Court for Duval County. Henry E. Davis, Judge.

James C. Spratling, pro se.

Charlie Crist, Attorney General; Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for appellee.


James Spratling is appealing the circuit court's denial of his petition for writ of habeas corpus. We affirm as the appellant presents no basis on appeal to overturn the circuit court's decision, and the trial court's basis for denying the petition is supported by Florida law. The appellant's claims in his habeas petition are claims cognizable under rule 3.850, Florida Rules of Criminal Procedure. It is well settled that a petition for habeas corpus may not be used to collaterally challenge a criminal judgment or sentence and that rule 3.850 has superceded habeas corpus as the means of collateral attack of a judgment and sentence in Florida. See, e.g., Fla. R. Crim. Pro. 3.850(h); White v. Duggar, 511 So.2d 554 (Fla. 1987); Robbins v. State, 564 So.2d 256 (Fla. 1st DCA 1990). The circuit court correctly noted that even if treated as a rule 3.850 motion, appellant's claims would have been procedurally barred as untimely. Affirm.

WOLF, C.J., ERVIN and BENTON, JJ., CONCUR.


Summaries of

Spratling v. State

District Court of Appeal of Florida, First District
Jul 17, 2003
851 So. 2d 228 (Fla. Dist. Ct. App. 2003)
Case details for

Spratling v. State

Case Details

Full title:JAMES SPRATLING Appellant, v. STATE OF FLORIDA Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jul 17, 2003

Citations

851 So. 2d 228 (Fla. Dist. Ct. App. 2003)

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