James Lee Richardson v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledNovember 18, 2020
Docket1D20-1769
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-1769
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JAMES LEE RICHARDSON,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
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Petition for Writ of Habeas Corpus—Original Jurisdiction.
November 18, 2020
PER CURIAM.
Mr. Richardson seeks habeas relief to correct what he
considers to be this court’s erroneous disposition of his
postconviction appeal in an earlier case. Habeas relief is not
available to provide an alternative route for rehearing. Cf. Fla. R.
App. P. 9.330 (requiring that a motion for rehearing be filed within
fifteen days of the court’s decision and precluding the filing of more
than one motion regarding the decision). The petition effectively is
successive and is DISMISSED as unauthorized. Cf. Baker v. State,
878 So. 2d 1236, 1245–46 (Fla. 2004).
LEWIS, TANENBAUM, and LONG, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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James Lee Richardson, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
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