Florida District Courts of Appeal, 2024

Corey Rogers v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Corey Rogers v. Ricky D. Dixon, Secretary, Florida Department of Corrections
Florida District Courts of Appeal · Decided February 14, 2024

Corey Rogers v. Ricky D. Dixon, Secretary, Florida Department of Corrections

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D2023-0388 _____________________________ COREY ROGERS, Appellant, v. RICKY D. DIXON, Appellee. _____________________________

On appeal from the Circuit Court for Escambia County.

Jan Shackelford, Judge.

February 14, 2024 PER CURIAM.

Corey Rogers appeals the circuit court’s order dismissing his petition for writ of habeas corpus. Finding no error by the circuit court, we affirm. See Baker v. State, 878 So. 2d 1236, 1246 (Fla. 2004) (explaining that a trial court may dismiss, rather than transfer, a habeas petition when the petitioner seeks relief that “(1) would be untimely if considered as a motion for postconviction relief under rule 3.850, (2) raise claims that could have been raised at trial or, if properly preserved, on direct appeal of the judgment and sentence, or (3) would be considered a second or successive motion under rule 3.850 that either fails to allege new or different grounds for relief that were known or should have been known at the time the first motion was filed”); Zuluaga v. Dep’t of Corrs., 32 So. 3d 674 (Fla. 1st DCA 2010).

AFFIRMED.

LEWIS, RAY, and KELSEY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Corey Rogers, pro se.

Ashley Moody, Attorney General, Tallahassee; Michael L. Schaub, General Counsel, Department of Corrections, Tallahassee, for Appellee.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.