Genovese v. State

Full title: Arthur Genovese, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, First District

Date published: Jun 22, 2021

No. 1D21-268 (Fla. Dist. Ct. App. Jun. 22, 2021)

Opinion

1D21-268

06-22-2021

Arthur Genovese, Petitioner, v. State of Florida, Respondent.

Arthur Genovese, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

PER CURIAM.

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

Petition for Writ of Habeas Corpus-Original Jurisdiction.

Arthur Genovese, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.

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 Makar and M.K. Thomas, JJ., concur.