Thomas v. State

Florida District Courts of Appeal
Thomas v. State, 904 So. 2d 502 (2005)
2005 Fla. App. LEXIS 7282; 2005 WL 1162918
Stevenson, Stone, Warner

Thomas v. State

Opinion of the Court

PER CURIAM.

We affirm the decision of the circuit court to treat the rule 3.800(a) motion as a petition for writ of mandamus. Appellant did not show that he received an illegal sentence and his challenges to the parole statutes are properly reviewed in a mandamus petition.

However, the circuit court erred in requiring appellant to comply with section 57.085, Florida Statutes. Collateral criminal proceedings are exempt from this statute and the general indigency statute, section 57.081, Florida Statutes, applies in this case. See § 57.085(10), Fla. Stat.; Cason v. Crosby, 892 So.2d 536, 537 (Fla. 1st DCA 2005). Nevertheless, Thomas is not entitled to relief as his claims have been fully litigated more than once and are without merit. See Cal. Dep’t of Corrections v. Morales, 514 U.S. 499, 115 S.Ct. 1597, 131 L.Ed.2d 588 (1995); Paschal v. Wainwright, 738 F.2d 1173 (11th Cir. 1984).

STONE, WARNER and STEVENSON, JJ., concur.

Reference

Full Case Name
Dorrie M. THOMAS v. STATE of Florida
Cited By
3 cases
Status
Published