Edwards v. Crews
Edwards v. Crews
Opinion of the Court
Warren Lee Edwards appeals the dismissal of his petition for writ of habeas corpus by the circuit court in the county in which he is detained. See § 79.09, Fla. Stat. In the petition for writ of habeas corpus, Edwards asserted that he was entitled to immediate release due to a deficiency in the pre-trial probable cause for his arrest and due to a lack of sufficiency in the paperwork accompanying his acceptance into custody by the Century Correctional Institution in Escambia County, Florida. The dismissal of the petition is affirmed.
Appellant’s challenge to the judgment and sentence under which he is detained, on the ground that the pre-arrest probable cause affidavits and arrest warrants were faulty, was properly dismissed because such claims must be raised at trial and, if preserved, on direct appeal of the judgment. See Zuluaga v. State Dep’t of Corrections, 32 So.3d 674 (Fla. 1st DCA 2010) (rule 3.850, Fla. R. Crim. P., has completely superseded writ of habeas corpus to collaterally challenge a sentence). Challenges to the original probable cause are properly raised at trial and on direct appeal but are not a viable basis for post-conviction relief, Jessie v. State, 726 So.2d 356 (Fla. 5th DCA 1999), or a postconviction writ of habeas corpus.
Considering Appellant’s claim that he was improperly accepted into custody by the Century Correctional Institution without full compliance with section 944.17(5), Florida Statutes, the writ of ha-beas corpus is no,t available to remedy
The order dismissing the petition for writ of habeas corpus is AFFIRMED.
Reference
- Full Case Name
- Warren Lee EDWARDS v. Michael D. CREWS, Secretary, Florida Department of Corections
- Cited By
- 8 cases
- Status
- Published