5D06-4419 Luis Harris v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-4419

Case Date: 01/15/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2007

LUIS HARRIS, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed January 19, 2007 Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction. Luis Harris, Defuniak Springs, pro se. No Appearance for Respondent. Case No. 5D06-4419

PER CURIAM. We dismiss the petition for habeas corpus filed with this court by the petitioner, Luis Harris. Habeas corpus may not be used as a substitute for an appeal. See Bryan v. Dugger, 641 So. 2d 61 (Fla. 1994). Mr. Harris's motion for post-conviction relief was untimely, and was summarily denied by the trial court for that and other reasons. The review of an order summarily denying a motion filed pursuant to rule 3.850 must be by appeal, as indeed the order of the trial court denying him relief specifically stated. See Fla. R. App. P. 9.141(b)(2). As Mr. Harris improperly seeks habeas review from such an order, we dismiss the petition. PETITION DISMISSED.

PLEUS, C.J., SAWAYA and MONACO, JJ., concur.

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