Blazevich v. State

Full title: Nicholas Blazevich, Petitioner, v. The State of Florida, Respondent.

Court: Florida Court of Appeals, Third District

Date published: Nov 10, 2021

No. 3D21-1795 (Fla. Dist. Ct. App. Nov. 10, 2021)

Opinion

3D21-1795

11-10-2021

Nicholas Blazevich, Petitioner, v. The State of Florida, Respondent.

Nicholas Blazevich, in proper person. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for respondent.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

A Case of Original Jurisdiction - Habeas Corpus. Lower Tribunal No. 20-657 A-K

Nicholas Blazevich, in proper person.

Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for respondent.

Before HENDON, MILLER and GORDO, JJ.

PER CURIAM.

Following review of the petition and the response thereto, it is ordered that said petition is hereby dismissed as improper. See Henry v. Santana, 62 So.3d 1122, 1126 n.3 (Fla. 2011) ("The purpose of a habeas corpus proceeding is to inquire into the legality of the petitioner's present detention." (quoting Sneed v. Mayo, 69 So.2d 653, 654 (Fla. 1954))); Patterson v. Christensen, 183 So. 18, 19 (Fla. 1938) ("Habeas corpus is not the proper proceeding in which to challenge venue . . . ."); King v. State, 695 So.2d 1299, 1299 (Fla. 4th DCA 1997) ("[C]laims of ineffective assistance of trial counsel are not cognizable in a petition for habeas corpus ....").