JORGE C. PAGAN
v.
RICKY DIXON, SECRETARY, ET AL.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Habeas corpus is not a vehicle for obtaining additional appeals of issues raised or waivable on direct appeal or in rule 3.850 proceedings.
[1] Habeas corpus is not an appropriate remedy for relitigating issues that were raised or should have been raised on direct appeal or in post-conviction motions under Florid…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“habeas corpus is not a vehicle for obtaining additional appeals of issues which were raised, or should have been raised, on direct appeal or which were waived at trial or which could have, should have, or have been, raised in rule 3.850 proceedings.”
Court explaining the limited scope of habeas corpus relief in Florida criminal procedure.
Pagan was convicted in 1990 of two counts of sexual battery on a minor and two counts of lewd and lascivious assault on a child. He filed a direct app…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sufficiency Of Information cases and more on FLexlaw
Third District Court of Appeal State of Florida
Opinion filed August 6, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0241 Lower Tribunal No. F88-17762 ________________
Jorge C. Pagan, Petitioner,
vs.
Ricky Dixon, Secretary, et al., Respondents.
A Case of Original Jurisdiction – Habeas Corpus.
Jorge C. Pagan, in proper person.
James Uthmeier, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for respondent, The State of Florida.
Before LINDSEY, BOKOR, and GOODEN, JJ.
PER CURIAM.
2 After filing a direct appeal and several appeals of denials of postconviction motions, Petitioner Jorge Castro Pagan seeks a writ of habeas corpus attacking his 1990 conviction for two counts sexual battery on a minor and two counts of lewd and lascivious assault on a child. See Pagan v. State, 599 So. 2d 744 (Fla. 3d DCA 1992), rev. denied 613 So. 2d 7 (Fla. 1992); Pagan v. State, 668 So. 2d 620 (Fla. 3d DCA 1996); Pagan v. State, 160 So. 3d 442 (Fla. 3d DCA 2015). Pagan asserts that there was no probable cause for his arrest, the information was deficient, and insufficient evidence to support his conviction. But “habeas corpus is not a vehicle for obtaining additional appeals of issues which were raised, or should have been raised, on direct appeal or which were waived at trial or which could have, should have, or have been, raised in rule 3.850 proceedings.” White v. Dugger, 511 So. 2d 554, 555 (Fla. 1987). It is not intended as a second appeal or a substitute for the appropriate motion under the Florida Rules of Criminal Procedure. Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992). Accordingly, we dismiss the petition. Baker v. State, 878 So. 2d 1236, 1241 (Fla. 2004); La- Casse v. Inch, 307 So. 3d 921, 923 (Fla. 3d DCA 2020). Petition dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- McArthur Breedlove v. Singletary, 595 So. 2d 8 (Fla. 1992)
- Beauford White v. Dugger, 511 So. 2d 554 (Fla. 1987)
- Pagan v. State, 599 So. 2d 744 (Fla. 3d DCA 1992)