175 So. 2d 226

Robley Gray EVANS, Appellant, v. STATE of Florida, Appellee.

No. G-374.

District Court of Appeal of Florida. First District.

May 25, 1965.

Robley Gray Evans, In Proper Person, for petitioner.

Earl' Faircloth, Atty. Gen., for respondent.

PER CURIAM.

Petitioner styles this proceeding as a “Petition for a Writ of Habeas Corpus —Case #2892 RE: Motion to Vacate filed in Leon County on Aug. 20 — 1964. Denied April 14, 1965.” A review of petitioner’s pleading discloses that he is attempting to utilize an original proceeding in habeas corpus as a substitute for an appeal from an adverse decision in the trial court in a Rule 1 proceeding. Such is not the proper office of a habeas corpus proceeding. The instant pleading neither makes a prima facie case for relief in a habeas corpus proceeding nor does it remotely comply with rules prescribed for the appeal of an adverse decision in a Rule 1 proceeding. So, the petition is dismissed.

STURGIS, C. J., and WIGGINTON and RAWLS, JJ., concur.

Evans v. State
175 So. 2d 226

Case Details

Name
Evans v. State
Decision Date
May 25, 1965
Citations

175 So. 2d 226

Jurisdiction
Florida

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