LAWRENCE JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1986-02-07
No. BH-443
THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.
482 So. 2d 589 Florida District Court of Appeal, First District (1986)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner has filed a pleading entitled “Motion and Application to Proceed in For-ma Pauperis for Writ of Habeas Corpus Cum Cause Leacum in Good Faith Alternative Rule Nisi.” The grounds alleged in the pleading should be raised in a rule 3.850 motion for post-conviction relief. While we may treat the petitioner’s pleading as such a motion, see Baughn v. Wainwright, 476 So. 2d 792 (Fla. 1st DCA 1985), the pleading fails to conform to the requirements of rule 3.850. The order denying the petition is affirmed without prejudice to file a properly framed motion complying with that rule.

THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw