Jeffrey Lagrandeur v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 8, 2026
Docket3D2025-1521
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed July 8, 2026.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1521
Lower Tribunal No. F17-9386
________________
Jeffrey Lagrandeur,
Appellant,
vs.
State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.
Jeffrey Lagrandeur, in proper person.
James Uthmeier, Attorney General, and Magaly Rodriguez and
Katryna Santa Cruz, Assistant Attorneys General, for appellee.
Before LINDSEY, MILLER and LOBREE, JJ.
PER CURIAM.
Jeffrey Lagrandeur appeals from an order of the trial court construing
his petition for writ of habeas corpus as a motion to correct illegal sentence
and summarily denying relief. Buried within Lagrandeur’s nine-page, mostly
handwritten petition were at least five distinct claims.1 It is well settled that
habeas corpus may not be used as a substitute for an appropriate motion
seeking postconviction relief pursuant to the Florida Rules of Criminal
Procedure. See Fla. R. Crim. P. 3.850(h); Baker v. State, 878 So. 2d 1236
(Fla. 2004); Harper v. State, 413 So. 3d 1002 (Fla. 3d DCA 2025). We affirm
without discussion as to the sentencing claims that the trial court properly
adjudicated under Florida Rule of Criminal Procedure 3.800(a), but reverse
and remand for the trial court to consider the remaining claims under Florida
Rule of Criminal Procedure 3.850.
Affirmed in part; reversed in part; remanded with directions.
1
The state’s response below identified two claims of ineffective assistance
of counsel, a jury instruction issue, a challenge to the imposition of a habitual
violent felony offender sentence, and an alleged discovery violation.
Lagrandeur argues on appeal that his petition raised twenty claims. The
handwritten petition is arguably conclusory and borders on unintelligible.
According the petition a liberal interpretation, in addition to the sentencing
claims adjudicated we discern marginally sufficient facial allegations that
Lagrandeur was denied effective assistance of trial counsel.
2