Florida District Courts of Appeal, 2007

Siplen v. State

Florida District Courts of Appeal · Decided August 17, 2007 · Monaco, Palmer, Sawaya

963 So. 2d 317; 2007 Fla. App. LEXIS 12783; 2007 WL 2330678 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Valentin v. State (Fla. Dist. Ct. App. 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Freddie Siplen filed a petition for writ of habeas corpus on July 23, 2007, seeking review of an order entered on May 1, 2007, which modified his probation to include electronic monitoring as a condition of probation. Prior to the filing of the instant habeas petition, Siplen filed a notice of appeal on May 25, 2007, from the same order modifying probation entered on May 1, 2007. That appeal is pending in this court, and has not yet been perfected.

As an order modifying probation may be appealed,1 the appeal initiated by Siplen is the proper appellate remedy. Therefore, the instant habeas petition is dismissed. See generally Harris v. State, 949 So.2d 241 (Fla. 5th DCA 2007) (habeas corpus may not be used as a substitute for an appeal).

PETITION DISMISSED.

PALMER, C.J., SAWAYA and MONACO, JJ., concur.

. See Fla. R.App. P.9.140(b)(1)(D).

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