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IN THE EIGHTH JUDICIAL CIRCUIT COURTIN AND FOR UNION COUNTY, FLORIDA

CIVIL DIVISION

FRANKLIN D. FLOYD,

DC# R30302,

Petitioner,

V' Case No.: 63-2010-CA-82

>*

WALTER MCNEIL, Secretary,

FLORIDA DEPARTMENT OF CORRECTIONS,

Respondent.

ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS

THIS ACTION came before the Court on the petition for writ ofhabeas corpus filed 7 July 2010.

Petitioner, an inmate in the custody of the Florida Department of Corrections (FDOC), challenges the

legality of his judgment and sentence. Petitioner alleges entitlement to immediate release from

incarceration.

A petition for writ of habeas corpus is not the proper vehicle to challenge the validity or

sufficiency of a criminal information, or a conviction resulting therefrom. See Teffeteller v. Bugger, 734

So. 2d 1009 (Fla. 1999); Hildwin v. Bugger, 654 So. 2d 107 (Fla. 1995;. A criminal defendant may

challenge the legality of a judgment and sentence in a motion to vacate, set aside or correct sentence. Fla.

R. Crim. P. 3.850 (2009). A person who has been tried and found guilty, or entered a plea of guilty or

nolo contendere, before a Florida court may challenge ajudgment or sentence entered "in violation ofthe

Constitution or laws of the United States or the State of Florida." Fla. R. Crim. P. 3.850(a)(l) (2009).

Issues that can be brought in a motion for post conviction reliefmay not be raised in a petition for writ of

habeas corpus. Baker v. State, 878 So.2d 1236, 1241 (Fla. 2004) (holding "it is clear that, with limited '

exceptions, habeas corpus relief is not available to obtain collateral postconviction relief because most

claims can be raised by motion pursuant to Florida Rule ofCriminal Procedure 3.850."). See also Brown

63-2010-CA-0082 Order ofDismissal Page 2 of2

v. Crosby, 908 So.2d 512, 512 (Fla. 1st DCA 2005) (same).

The record reflects that Petitioner was sentenced in the Sixth Judicial Circuit Court, in and for

Pinellas County, Florida. Accordingly, this Court has no jurisdiction to consider this petition.

Accordingly, it is ADJUDGED that the petition is DISMISSED without prejudice to Petitioner's

right to seek post-conviction relief in the appropriate court

ORDERED in Union County, Florida, on O. >jtfl^(2QlQ.

ORIGINAL SIGNED BYMARTHA ANN LOTTCIRCUIT JUDGE

MARTHA ANN LOTT, CIRCUIT JUDGE

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing was furnished on ^ Jui( 2m) to:

Franklin D. Floyd

DC# R30302

Union Correctional Institution

7819 NW 228th StreetRaiford, FL 32026

Department of Corrections

Office of the General Counsel

2601 Blair Stone Road

Tallahassee, FL 32399-2500

ORIGINAL SIGNED BYPRISCILLA HGLLOWAYJUDICIAL ASSISTANT

Priscilla Holloway, Judicial Assistant

/bib

OFrNSTPTrvrr*

June 21,1999

July 22,1999

•— ■>..

October 6,1999

October

Court CJerk's Minutes

rder

i^A^MV A.,U Complaint/Arrest Affidavit

Capias AServed

October 12,1999Bdavit & Orcler ofInsolvency andppointmenf^T Public Defendei

October 8,1999t, Gail

Demand for Jury Trial

J

October 11,1999 w

October 20,1999

October 20,1999

November 16,1999

Jud*17,2002

December 9,1999

December 14,1999

Defendant's Invocation of ConstJ

Demand for Notice ofIntention to Claim AJii)i

Answer to Demand for Discovery

'Acknowledgement ofAdditional Tangible

TRANSCRIPT OF PROCEEDINGS

PRE-TRIAL HEARINGNovember 18,1999

Acknowledgement of Additional Tangible EiidLace 40 -41

Acknowledgement of Additional Tangible EvUnce 42

Additional List of Witnesses

IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA |

CRC972016Q.

STATE OF FLORIDA

vs.

FRANKLIN FLOYD SPN: 0187917,

PINELLAS COUNTY JAIL

INMATE RECORDS

14400 49THST. NO.

CLEARWATER, PL 33762

DEPENDANT'S INVOCATION tt>F CONSTITUTIONAL RIGHTS

\1. The Undersigned, having been advised that I have been arrested and chac£ed-wtOT a crime,

my RIGHT TO REMAIN SrLENT under Article 1, Section 9 of the Plorida Constitution and (J

AMENDMENT to the UNITED STATES CONSTITUTION.

invcfe

:l

2. Furthermore, I do hereby invoke my RIGHT TO COUNSEL guaranteed by Article 1, Sections i2, 9 and lo of

* the Florida Constitution; Rule 3.130, Florida Rules of Criminal Procedure; and the 5th, 6th and 14th Amendments «"■■j to the United States Constitution, as interpreted by the United States Supreme Court in Miranda L'. 'Arizona 3tt \f U.S. 436 (1966); Edwards v. Arizona. 451 U.S. All (1981); M&Nej! v- Wisconsin. 501 U.S. 17,1 (1991); and Jj Arizona v, Roberson, 486 U.S. 675 (1988): and lhe Florida Supreme Court in Travlor v, State df Florida. 5W

I So.2d 957 (1992). \Y ) i

3. By invocation of my foregoing RIGHT TO COUNSEL, I intend this to be an absolute expression of my desire

t for the assistance of an)' attorn;)' ir. dealing with any custodial interrogation by law enforcement about this arrest '

or. any otner critnt or criz-.iz.zl activity undr.r investigation, whether I am a suspect or witness. j

* 4. Therefore, I demand that no local, Stale or Federal police or prosecution personnel (including jail inmates »

i, acting at the request or direction of such personnel) attempt to engage me in any conversation whatsoever,»

, concerning an)' crime or criminal activity, whether presently charged or not, without first providing me an '-

attorney and having that attorney present. Any person connected with law enforcement who allOjWsj a violatioc of

j i these rights to occur shall be viewed as interfering with my attorney/client relationship as protec edjby the Ficrida

and United States Constitution and by the Rules of Professional Conduct for attorneys. ^ |

/ 5.1 do not consent lo speak to or meet with members of the media including but not limited to photographers,f camera men, reporters or investigators from radio, television, newspapers, magazines, wire services or an)' oilier

• [ informational services. I further demand that the Sheriff not allow any of the above to contact or visit me.

6. I do not consent lo appear in any lineup, show-up, or any other identification procedure, including being

photographed, without the presence of my lawyer. ■

5 7. I do not consent to the talcing of any polygraph or voice stress examination, any voice sample handwriting ,..,.

t exemplar, hair, blood, urine, saliva, skin sample or fingernail scrapings without the presence of nyj lawyer.

8. I do no! consent to lhe search of my residence, automobile, person or any other of my property., *

"t

operty.,

\ \ey has,9. This Invocation -of Rights shall not be deemed to have been waived by me unless an attorney has,1 been provided

to me (either retained or appointed), and I execute a written waiver of these rights, signed by myself and my *

attorney in open court. Anyone violating this INVOCATIOj^OiLCONSTiTUTIONAlJUGHTS will be subject

to legal action for sanctions and/or damages. 1

10. I further demand thai the original of this Invocation of Rights be filed in !he court having jurisdiction

cause and that my attorney serve b copypfityt State Attorney and on the Sheriff's Office for pJae«rfiEirLi-m;

g^hat apy9ne,«Qstefli

[/ r

*f&x£v=-y&

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£i£&z^-c&-^

IBSR140

(74)

ACCT

NAME:

FLOYD,

FRANKLIN

D.

BED:

P3214S

PO

BOX:

FLORIDA

DEPARTMENT

OF

CORRECTIONS

TRUST

FUNDACCOUNT

STATEMENT

FACILITY:

213

-UNION

C.I.

FOR:

05/01/2008

-05/31/2008

ACCT#:

R30302

TYPE:

INMATE

TRUST

06/03/08

09:46:07

PAGE

1626

BEGINNING

BALANCE

05/01/08

POSTED

DATE

NBR

TYPE

REFERENCE

NUMBER

FAC

REMITTER/PAYEE

05/14/08

130

LEGAL

POSTAGE

W20080507

LIEN

CREATED

-05/14/2008

05/14/08

130

LEGAL

POSTAGE

W20080508

LIEN

CREATED

-05/14/2008

05/16/08

164

LEGAL

POSTAGE

W20080430

LIEN

CREATED

-05/16/2008

05/16/08

164

LEGAL

POSTAGE

W20080430A

LIEN

CREATED

-05/16/2008

05/16/08

164

LEGAL

POSTAGE

W20080430B

LIEN

CREATED

-05/16/2008

000

20080507

000

20080508

000

20080430

000

20080430A

000

20080430B

AMOUNT

$0.00

$0.00

$0.00

$0.00

$0.00

BALANCE

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

ENDING

BALANCE

05/31/08

LIEN

DATE

SUMMARY

SUMMARY

SUMMARY

SUMMARY

05/14/08

05/14/08

05/16/08

05/16/08

05/16/08

TYPE

!OF

LIEN

FEDERAL

PRISON

LITIGATION

POSTAGE

MEDICAL

CO-PAYMENT

LEGAL

LEGAL

LEGAL

LEGAL

LEGAL

LEGAL

POSTAGE

POSTAGE

POSTAGE

POSTAGE

POSTAGE

POSTAGE

$0.00

LIEN

FACL

AMOUNT

OF

LIEN

AMOUNT

STILL

OWED

000

000

000

000

000

$667.78

$37.93

$8.00

$49.44

$0.58

$1.99

$1.48

$5.70

$1.48

$667.78

$37.93

$8.00

$49.44

$0.58

$1.99

$1.48

$5.70

$1.48

CRCUIT/COUN# COURT, PINELLAS dluNTY,CRIMINAL DIVISION

STATE OF FLORIDA

vs.CASE NO. -

'ov a \

AFFIDAVIT OF INSOLVENCY

.Affiant being first duly sworn on oath deposes and says that he/she is tdtally insolvent and utterly

unable to pay the oharges, costs or fees in this cause either in whole or in part; tha^ha/she! has no propertyor bier means of payment either in his/her possession or under his/her control anostnai he/she has not•divested himself/herself of iany property, either real or personal, for the purpose of recjel'iHng benefit from,his/her oath; that.he/she, at this time, !s wholly without funds and unless this Court mawis and enters anordei adjudging him/her insolvent, -he/she will be deprived of his/her rights under themade'and provided. This affiant offers himself/herself up to the Court forthe purpose of *u^heinto !is/her Insolvency.

Affiant further says that he/she has been informed that a Lien, for the value of the services renderec

hi-m/rer by the Public Defender and/or costs of defense-may. be inripressed by law oi any property he/

she tow has, or may hereafter, haver in the Slate of Florida, and -he/she 'hereby waives notice' of anyocdi t hih th l f h i f h Pbli Df

y

proceedings at which the value cf ths services of the Public Defender and/or.costs, as

determined, and further vvdvss any notice of the fifing.of the aforesaid lien.

■ ' ' • '• ■ • ' . .. ■ Under penalties of psrjury, I hereby affirm and attest that i am the shove-named

the fasts alleged are true. ' . . / /1

4

aforesaid, may be

ORDER OF INSOLVENCY AND APPOINTMENT OF PUBLIC D

The above-named-Defendant, be)ng before the Court and the said Defendant, having^led-in this Courthis/her Affidavit of Insolvency; and testimony having been taken before the Court; and,the Court beingotherwise fully advised In the premises, Jt is thereupon •.

. ORDERED AND ADJUDGED that the Defendant be, and he/she is hereby, declared to be insolvent

within the meaning of Sec. 27.52 FLORIDA STATUTEiS; and it is further j

ORDERED AND ADJUDGED, that the Public Defender for the Sixth Judida

appointed torepresent'said Defendant in the above-styled cause.

V

Circuit, Is hereby.

[ \

TT is Jrl/RTHER ORDERED that In the event the Defendant, or his/her parent^, is ordered to pay.for the costs of the services of the Public Defender, then the Public Defender shall, wrthin 30 days of thefinal disposition of this cause; submit a Motion to this Court to Establish the value, ofPuhlln Bpfenrlftr tf this Cntirf hasaLsn ordered the Defendant to pay for, the costs-6

the .services of the

defense,- then thePublic Defender shall, within 30 days of the final dof costs of defense. Tb^Si"Xatements shall 'Commissioners.

DONE AND ORI

position of this cause, submit an

3d from the. Clerk's Office of

itemized statement

trie

IN THE. UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH dRCUJIT FlLrD

U.S. COURT OF APPEALSELEVENTH CIRCUIT

No. 06-16702-P

FRANKLIN DELANO FLOYD

versus

c

SECRETARY, DEPARTMENT OF CORRECTIONSATTORNEY GENERAL, STATE OF FLORIDA, '

MAR 1 '4 2DQ7

THOMAS K. KAHN ■

CLERK : ■

Petitioner-Appeiianl

ResDondems-.A

On Appeal from the United States District Court. for the Middle District of Florida

0 RD E R: ■. ' " ■

Appellant's motion for leave to appeal ig forma tiauperis is GRANTED x"^ \ [ A

Appellant's motion for a Certificate ofAppealabiiity is GRANTED, on the question of

whether the district court should have dismissed his habeas petition without requiife^ answer

froin the state.

CHARLES R."WILSON

UNITED STATES CIRCinT JUDG

Income source Average monthly amount duringthe past 12 months Amount expected

next month

$_

$_

Employment

Self-employment

Income from real property(such as rental income)

Interest and dividends

Gifts

Alimony $

Child Support $

Retirement (such as social $security, pensions,

annuities, insurance)

Disability (such as social $_security, insurance payments)

Unemployment payments $

You

$_

$_

Spouse

$_

You

$_

$_

Spouse

~ $_

. $_

$_

/LtfrQS

Public-assistance(such as welfare) - $.

$_

■^

$

income:

-t recent tat. (Gross

Employer Address Dates of

EmploymentGross monthly pay

S 7\ ^ . „

$ !$

Lployment history for the past two years, mostbefore taxes or other deductions.) firs,

Employer Address

M (0

Dates of

Employment/ ;2

Gross monthly pay

$__

4. How much cash do you and your spouse have? % A*y\ 0

$.$_

$_$_

financial

use Has

^ not list clothing

Value.u Other resreal esta

Value

AAMotor Vehicle #1

Year, make & model

Value

Swor Vehicle #2

Year, make & model

Value

1/ Other assets

Description

Value

Person owing you oryour spouse money

Ax Q

Amount owed to you

$

$

$

Amount owed to your spouse

Xr

$.

$_

7. State the persons who rely on you or your spouse for support.

Name Relationship Age

Rent or home-mortgage payment(include lot rented for mobile home)

Are real estate taxes included? □Is property insurance included?

UtiHties (electricity, heating fuel Awater, sewer, and telephone) /Lt/\

Home maintenance (repairs and upkeep)

Food

^

Clothing

Laundry and dry-cleaning

Medical and dental expenses

o

SM

You Your spouse

$.

s

Q S Lm

s~,

$_

Vv r j

You

Transportation (not including motor vehicle payments) $__

Recreation, entertainment, newspapers, magazines, etc. $

Insurance (not deducted from wages or included in mortgage payments)

Your spouse

Homeowner's or renter's

Life

Health

Motor Vehicle

Othen __

Taxes (not deducted from wages or included i

(specify):

n

in mortgage payments)

$ // /;M $_

Instalhnent payments

Motor Vehicle

Credit card(s)

Department store(s)

Alimony, maintenance, and support paid to others

$_

$_

Other (specify):

^

Total monthly expenses:A^A^

If yes, describe on an attached sheet.

or

yes, how much?

H yes, state the attorney's name, address, and telephone number

form?

If yes, how much?

If yes, state the person's name, address, and telephone number

.\7>> r

-^

I declare under penalty of perjury that the foregoing is true and coi2t

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