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Thomas v. State

District Court of Appeal of Florida, Third District
Feb 21, 2007
949 So. 2d 319 (Fla. Dist. Ct. App. 2007)

Opinion

No. 3D05-2451.

February 21, 2007.

Appeal from the Circuit Court, Miami-Dade County, Diane Ward, J.

Roger B. Thomas, in proper person.

Bill McCollum, Attorney General, and Richard L. Polin, Bureau Chief, for appellee.

Before SHEPHERD and SUAREZ, JJ., and SCHWARTZ, Senior Judge.


The defendant appeals the trial court's denial of his Petition for Writ of Habeas Corpus. We affirm.

The defendant was convicted for multiple offenses relating to his armed burglary of a Taco Bell restaurant. He has filed numerous postconviction motions attacking his burglary conviction. The instant habeas petition is yet another such attack. It is successive, time-barred and meritless. For these reasons, the trial court should have dismissed the habeas corpus petition instead of denying it on the merits. Baker v. State, 878 So.2d 1236, 1245-46 (Fla. 2004). However, in order to save judicial resources, we affirm. Richardson v. State, 918 So.2d 999 (Fla. 5th DCA 2006).

Affirmed.


Summaries of

Thomas v. State

District Court of Appeal of Florida, Third District
Feb 21, 2007
949 So. 2d 319 (Fla. Dist. Ct. App. 2007)
Case details for

Thomas v. State

Case Details

Full title:Roger B. THOMAS, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 21, 2007

Citations

949 So. 2d 319 (Fla. Dist. Ct. App. 2007)

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