JOHNNY WILLIAM MCINTYRE
v.
THE STATE OF FLORIDA
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Johnny William McIntyre filed an original habeas corpus petition challenging his habitual felony offender sentences imposed in 1997. The Third District Court of Appeal dismissed the petition, holding that habeas corpus cannot be used to relitigate issues that could have been or were already raised in prior proceedings.
Habeas corpus cannot be used to seek a second appeal or to litigate issues that could have been or were raised in a motion under Florida Rule of Criminal Procedure 3.850. Therefore, McIntyre's habeas corpus petition was properly dismissed.
[1] Habeas corpus relief is unavailable to challenge sentences on grounds that could have been or were raised in a motion under Florida Rule of Criminal Procedure 3.850, as s…
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Join FLexlaw to unlock all legal intelligence“habeas corpus cannot be used to seek a second appeal or to litigate issues that could have been or were raised in a motion under Florida Rule of Criminal Procedure 3.850”
Establishes the primary legal standard that habeas corpus is not available when issues could have been litigated through Rule 3.850 motions
McIntyre received habitual felony offender sentences for three felonies committed in 1997. He filed an original habeas corpus petition in the Third Di…
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On Motion for Rehearing and/or Clarification
PER CURIAM.
Upon consideration of Petitioner Johnny William McIntyre’s Motion for Rehearing and/or Clarification, and the State’s Response, we withdraw this Court’s July 24, 2024 Order and issue the following in its place. McIntyre petitions this Court for a writ of habeas corpus on the grounds that his habitual felony offender sentences for three felonies committed in 1997 should be reversed. Based on the record before us, we dismiss the petition. See Baker v. State, 878 So. 2d 1236, 1241 (Fla. 2004) (explaining that habeas corpus cannot be used to seek a second appeal or to litigate issues that could have been or were raised in a motion under Florida Rule of Criminal Procedure 3.850).
Petition dismissed.