Benny A. Martinez v. Addison Summers, Warden of Liberty Correctional Institution
CourtDistrict Court of Appeal of Florida
Date FiledJune 10, 2021
Docket1D21-0096
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D21-96
_____________________________
BENNY A. MARTINEZ,
Petitioner,
v.
ADDISON SUMMERS, Warden of
Liberty Correctional Institution,
Respondent.
_____________________________
Petition for Writ of Habeas Corpus—Original Jurisdiction.
June 10, 2021
PER CURIAM.
Dismissed as unauthorized. See Baker v. State, 878 So. 2d
1236, 1245 (Fla. 2004) (“The remedy of habeas corpus is not
available in Florida to obtain the kind of collateral postconviction
relief available by motion in the sentencing court pursuant to rule
3.850.” (citation omitted)); White v. Dugger, 511 So. 2d 554, 555
(Fla. 1987) (“[H]abeas corpus is not a vehicle for obtaining
additional appeals of issues which were raised, or should have
been raised, on direct appeal or which were waived at trial or
which could have, should have, or have been, raised in rule 3.850
proceedings.” (citations omitted)).
OSTERHAUS, BILBREY, and TANENBAUM, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Benny A. Martinez, pro se, Petitioner.
No appearance for Respondent.
2