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Shaarbay v. State

Supreme Court of Florida
Dec 14, 2009
Case No. SC09-1610 (Fla. Dec. 14, 2009)

Opinion

Case No. SC09-1610.

December 14, 2009.

Lower Tribunal No(s). 4D08-4575, 04-7168CF10A.


To the extent that petitioner seeks reinstatement of his petition for belated appeal before the Fourth District Court of Appeal, Case No. 4D08-4575, the petition for writ of mandamus is hereby denied. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000) (petitioner is not entitled to mandamus relief having failed to make a showing of a clear legal right to that relief).

To the extent that petitioner seeks an order declaring his judgment of conviction and sentence void, the Court construes the petition as seeking a writ of habeas corpus that is hereby dismissed as unauthorized pursuant to Baker v. State, 878 So. 2d 1236 (Fla. 2004).

All pending motions or other requests for relief are hereby denied as moot.

PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.


Summaries of

Shaarbay v. State

Supreme Court of Florida
Dec 14, 2009
Case No. SC09-1610 (Fla. Dec. 14, 2009)
Case details for

Shaarbay v. State

Case Details

Full title:CARLOS SHAARBAY A/K/A CHARLES SHAARBAY, Petitioner(s) v. STATE OF FLORIDA…

Court:Supreme Court of Florida

Date published: Dec 14, 2009

Citations

Case No. SC09-1610 (Fla. Dec. 14, 2009)