Florida District Courts of Appeal, 1965

Evans v. State

Evans v. State
Florida District Courts of Appeal · Decided May 25, 1965 · Rawls, Sturgis, Wigginton
175 So. 2d 226; 1965 Fla. App. LEXIS 4180 (Southern Reporter, Second Series)

Evans v. State

Opinion of the Court

PER CURIAM.

Petitioner styles this proceeding as a “Petition for a Writ of Habeas Corpus —Case #2892 RE: Motion to Vacate filed in Leon County on Aug. 20 — 1964. Denied April 14, 1965.” A review of petitioner’s pleading discloses that he is attempting to utilize an original proceeding in habeas corpus as a substitute for an appeal from an adverse decision in the trial court in a Rule 1 proceeding. Such is not the proper office of a habeas corpus proceeding. The instant pleading neither makes a prima facie case for relief in a habeas corpus proceeding nor does it remotely comply with rules prescribed for the appeal of an adverse decision in a Rule 1 proceeding. So, the petition is dismissed.

STURGIS, C. J., and WIGGINTON and RAWLS, JJ., concur.

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