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Martinez v. Summers

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jun 10, 2021
318 So. 3d 1273 (Fla. Dist. Ct. App. 2021)

Opinion

No. 1D21-96

06-10-2021

Benny A. MARTINEZ, Petitioner, v. Addison SUMMERS, Warden of Liberty Correctional Institution, Respondent.

Benny A. Martinez, pro se, Petitioner. No appearance for Respondent.


Benny A. Martinez, pro se, Petitioner.

No appearance for Respondent.

Per Curiam.

Dismissed as unauthorized. See 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." (citation omitted)); White v. Dugger , 511 So. 2d 554, 555 (Fla. 1987) ("[H]abeas corpus is not a vehicle 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 rule 3.850 proceedings." (citations omitted)).

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


Summaries of

Martinez v. Summers

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Jun 10, 2021
318 So. 3d 1273 (Fla. Dist. Ct. App. 2021)
Case details for

Martinez v. Summers

Case Details

Full title:BENNY A. MARTINEZ, Petitioner, v. ADDISON SUMMERS, Warden of Liberty…

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Jun 10, 2021

Citations

318 So. 3d 1273 (Fla. Dist. Ct. App. 2021)