5D09-2520 Bullard v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-2520

Case Date: 03/29/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

JAMES LEE BULLARD, Appellant, v. STATE OF FLORIDA AND DEPARTMENT OF CORRECTIONS, Appellee. ________________________________/ Opinion filed April 1, 2010 Appeal from the Circuit Court for Orange County, Stan Strickland, Judge. James L. Bullard, Bonifay, pro se. Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D09-2520

GRIFFIN, J. James Lee Bullard ["Bullard"] appeals the trial court's denial of his petition for writ of habeas corpus. We affirm. In 2008, the State charged Bullard with driving while license revoked as a habitual traffic offender in violation of section 322.34(5), Florida Statutes (2008). Bullard pled nolo contendere to the charge, and he was accordingly adjudicated and sentenced. Thereafter, Bullard filed a petition for writ of habeas corpus with the trial court, alleging he is being illegally detained because the State was allowed to use his pre-1997

convictions to enhance his conviction for driving with a suspended license to a felony in case number 2008-CF-13769, contrary to the Florida Supreme Court's ruling in Thompson v. State, 887 So. 2d 1260 (Fla. 2004). As correctly found by the trial court, habeas corpus is not a proper vehicle to raise this issue, nor is there any merit to his claim. AFFIRMED. PALMER and JACOBUS, JJ., concur.

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