MALACHI SMITH
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-10-30
No. 18-4501
Makar, J., Winokur, J., Jay, J.
Florida District Court of Appeal, First District (2019)

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Holding

A petition for all writs review is properly treated as a petition for writ of habeas corpus and may be dismissed on its merits.


Headnotes

[1] A petition for all writs review is properly characterized and treated as a petition for writ of habeas corpus.

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Facts & Procedural History

Malachi Smith, proceeding pro se, filed a petition for all writs review against the State of Florida in the First District Court of Appeal.…

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Opinion of the Court
Jay

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-4501 _____________________________

MALACHI SMITH,

Petitioner,

v.

STATE OF FLORIDA,

Respondent. _____________________________

Petition for All Writs Review—Original Jurisdiction.

October 30, 2019

PER CURIAM.

The “petition for all writs review” is treated as a petition for writ of habeas corpus and is dismissed. See Baker v. State, 878 So. 2d 1236 (Fla. 2004).

MAKAR, WINOKUR, and JAY, JJ., concur.

_____________________________

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

2

Malachi Smith, pro se, Petitioner.

Ashley Moody, Attorney General, Tallahassee, for Respondent.


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