ABDUL WALI SHABAZZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ABDUL WALI SHABAZZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
422 So. 2d 1062
Florida District Court of Appeal, Second District (1982)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Abdul Wali Shabazz appeals from an order of the trial court denying his petition for writ of habeas corpus. We treat this petition for writ of habeas corpus as a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850.
Appellant’s allegation concerning the propriety of certain jury instructions attempts to raise matters which properly should have been raised on direct appeal. Merrill v. State, 364 So. 2d 42 (Fla. 1st DCA 1978). Appellant may not present such matters in a motion seeking post-conviction relief. Stallings v. State, 319 So. 2d 640 (Fla. 1st DCA 1975).
AFFIRMED.
BOARDMAN, A.C.J., and SCHEB and SCHOONOVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fred v. Sasso, 431 So. 2d 204 (Fla. 1st DCA 1983)…. and Supp. IV). The claimant lacks standing to seek relief under the ADEA. See note 6, infra. . See also Radney v. Edwards, 424 So. 2d 956 (Fla. 1st DCA 1983); John v. GDG Services, Inc., 424 So. 2d 114 (Fla. 1st DCA 1982); Noel v. M. Ecker & Co., 422 So. 2d 1062 (Fla. 1st DCA 1982); Mahoney v. Sears, Roebuck & Co., 419 So. 2d 754 (Fla. 1st DCA 1982); Acton v. Ft. Lauderdale Hospital, 418 So. 2d 1099 (Fla. 1st DCA 1982); Mathis v. Kelly Constr. Co., 417 So. 2d 740 (Fla. 1st DCA 1982); Rhaney v. Dobbs House,…
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Gary v. State, 775 So. 2d 335 (Fla. 2d DCA 2000)…h improperly combined elements of separate offenses). The trial court denied' relief on the basis that this claim was not cognizable in a rule 3.850 motion since it could have been raised on direct appeal. The trial court cited to Shabazz v. State, 422 So. 2d 1062 (Fla. 2d DCA 1982), and Merrill v. State, 364 So. 2d 42 (Fla. 1st DCA 1978), as support for this conclusion. Shabazz held that appellant’s allegation concerning the propriety of certain jury instructions attempted to raise matters which properly sho…
Authorities Cited
- Stallings v. State, 319 So. 2d 640 (Fla. 1st DCA 1975)
- Merrill v. State, 364 So. 2d 42 (Fla. 1st DCA 1978)