Thomas v. State
Thomas v. State
Opinion of the Court
Thomas filed a petition for writ of habe-as corpus on May 5, 2006. He is seeking relief that is not appropriate for a writ of habeas corpus relief. Johnson v. State, 589 So.2d 456 (Fla. 5th DCA 1991). It is
In this case, Thomas fails to assert an illegal detention and there are other adequate remedies. Moore v. State, 784 So.2d 617 (Fla. 5th DCA 2001). In essence, he seeks to attack his plea as being coerced and involuntary or makes claims his counsel should have raised or preserved. Claims of involuntary pleas and ineffective assistance of trial counsel must be raised in a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. Thomas’ two year time limit for filing such a motion has not yet run and will not do so until Monday, September 11, 2006.
We deny the petition without prejudice to file a motion seeking relief pursuant to Florida Rule of Criminal Procedure 3.850.
Petition for Writ of Habeas Corpus DENIED Without Prejudice.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.