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Gutierrez v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jun 10, 2021
317 So. 3d 1289 (Fla. Dist. Ct. App. 2021)

Opinion

No. 1D21-187

06-10-2021

Rigoberto GUTIERREZ, Petitioner, v. STATE of Florida, Respondent.

Rigoberto Gutierrez, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.


Rigoberto Gutierrez, 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 quotation marks omitted)).

Osterhaus, Bilbrey, and Tanenbaum, JJ., concur.


Summaries of

Gutierrez v. State

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jun 10, 2021
317 So. 3d 1289 (Fla. Dist. Ct. App. 2021)
Case details for

Gutierrez v. State

Case Details

Full title:RIGOBERTO GUTIERREZ, Petitioner, v. STATE OF FLORIDA, Respondent.

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Jun 10, 2021

Citations

317 So. 3d 1289 (Fla. Dist. Ct. App. 2021)