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Lugo-Fernandez v. Inch

District Court of Appeal of Florida, Third District.
Aug 25, 2021
324 So. 3d 1026 (Fla. Dist. Ct. App. 2021)

Opinion

No. 3D21-0724

08-25-2021

Arnaldo LUGO-FERNANDEZ, Petitioner, v. Mark S. INCH, etc., et al., Respondents.

Arnaldo Lugo-Fernandez, in proper person. Ashley Moody, Attorney General, for respondents.


Arnaldo Lugo-Fernandez, in proper person.

Ashley Moody, Attorney General, for respondents.

Before SCALES, LOBREE and BOKOR, JJ.

PER CURIAM.

Petitioner seeks habeas corpus relief raising an argument which he has raised in multiple previous appeals or petitions. Petitioner may not rephrase or re-raise the same argument, or variations thereof, multiple times. Additionally, Petitioner cannot seek relief on an issue adjudicated by this Court by recasting what would be a successive (or otherwise improper) postconviction collateral appeal as a habeas corpus petition. See, e.g., Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) ("The 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."). Petition dismissed.


Summaries of

Lugo-Fernandez v. Inch

District Court of Appeal of Florida, Third District.
Aug 25, 2021
324 So. 3d 1026 (Fla. Dist. Ct. App. 2021)
Case details for

Lugo-Fernandez v. Inch

Case Details

Full title:Arnaldo LUGO-FERNANDEZ, Petitioner, v. Mark S. INCH, etc., et al.…

Court:District Court of Appeal of Florida, Third District.

Date published: Aug 25, 2021

Citations

324 So. 3d 1026 (Fla. Dist. Ct. App. 2021)