NOELVIL SOIRELUS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• M.Q. v. State, 818 So. 2d 615 (Fla. 5th DCA 2002)
  …ely imposed the commitment. There was no offer of counsel, and no basis to conclude that M.Q. made an informed waiver of his right to counsel. The state concedes that the trial court failed to follow the dictates of Rule 8.165. See E.C.H. v. State, 751 So. 2d 776 (Fla. 5th DCA 2000); A.P. v. State, 730 So. 2d 425 (Fla. 5th DCA 1999); D.L. v. State, 719 So. 2d 931 (Fla. 5th DCA 1998). But it argues that because M.Q. failed to file a motion to withdraw his plea, this appeal is not cognizable, since such a moti…
• B.P. v. State, 759 So. 2d 741 (Fla. 5th DCA 2000)
  …le Procedure 8.165. The State concedes that the trial court failed to follow the dictates of Rule 8.165 and that this court has held that the failure to strictly comply with the rule constitutes fundamental error requiring reversal. E.C.H. v. State, 751 So. 2d 776 (Fla. 5th DCA 2000); T.G. v. State, 741 So. 2d 517, 518 (Fla. 5th DCA 1999), review granted, 751 So. 2d 1254 (Fla.2000); J.O. v. State, 717 So. 2d 185, 186 (Fla. 5th DCA 1998); J.R.V. v. State, 715 So. 2d 1135, 1139 (Fla. 5th DCA 1998); L.D.H. v. St…
• Dennis v. State, 769 So. 2d 511 (Fla. 5th DCA 2000)
  …his court. He seeks to raise issues which were or could have been raised in connection with his direct appeal and which therefore cannot be raised in a habeas corpus petition. See Teffeteller v. Dugger, 734 So. 2d 1009 (Fla.1999); Soirelus v. State, 751 So. 2d 776 (Fla. 5th DCA 2000). Further, some issues were raised in his prior four post-conviction proceedings.1 It is successive and improper to raise these issues again in a habeas corpus petition. See Johnson v. Singletary, 695 So. 2d 263 (Fla.1996). Accor…

Authorities Cited

• Bryan v. Dugger, 641 So. 2d 61 (Fla. 1994)
• Gray v. Louie L. Wainwright, 442 So. 2d 312 (Fla. 1st DCA 1983)