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Barber v. State

District Court of Appeal of Florida, First District
Aug 28, 2009
16 So. 3d 1003 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D09-3516.

August 28, 2009.

Petition for Habeas Corpus and/or Motion for Belated Appeal-Original Jurisdiction.

Tony Barber, pro se, Petitioner.

Bill McCollum, Attorney General, Tallahassee, for Respondent.


The petition seeking belated appeal is denied on the merits. Petitioner's claims concerning alleged errors by the trial court and ineffectiveness on the part of his trial counsel are denied inasmuch as these are matters properly raised by motion for postconviction relief, and habeas corpus will not lie as a substitute for such a motion. See Brown v. Crosby, 908 So.2d 512 (Fla. 1st DCA 2005).

HAWKES, C.J., WOLF and BROWNING, JJ., concur.


Summaries of

Barber v. State

District Court of Appeal of Florida, First District
Aug 28, 2009
16 So. 3d 1003 (Fla. Dist. Ct. App. 2009)
Case details for

Barber v. State

Case Details

Full title:Tony BARBER, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, First District

Date published: Aug 28, 2009

Citations

16 So. 3d 1003 (Fla. Dist. Ct. App. 2009)