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Martin v. State

District Court of Appeal of Florida, Third District
Mar 10, 2011
54 So. 3d 602 (Fla. Dist. Ct. App. 2011)

Opinion

No. 3D10-692.

February 16, 2011. Rehearing Denied March 10, 2011.

A Case of Original Jurisdiction — Habeas Corpus.

James Martin, in proper person.

Pamela Jo Bondi, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for respondent.

Before RAMIREZ, C.J., and GERSTEN and SHEPHERD, JJ.


James Martin petitions this Court for a writ of habeas corpus raising various claims of ineffective assistance of counsel. We conclude that all claims, except claim one, are procedurally barred as successive and/or because they previously were raised on direct appeal. See Allen v. State, 917 So.2d 906 (Fla. 3d DCA 2005). Accordingly, we deny the petition as to these claims. Further, we deny the petition with regard to claim one without prejudice to petitioner's right to file a motion to correct a scrivener's error in the sentence or the trial court's right to correct the sentence on its own motion.

Petition denied.


Summaries of

Martin v. State

District Court of Appeal of Florida, Third District
Mar 10, 2011
54 So. 3d 602 (Fla. Dist. Ct. App. 2011)
Case details for

Martin v. State

Case Details

Full title:James MARTIN, Petitioner, v. The STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Third District

Date published: Mar 10, 2011

Citations

54 So. 3d 602 (Fla. Dist. Ct. App. 2011)