Hameen v. Rutherford
District Court of Appeal of Florida
1Opinion of the CourtBrowning, J.
Jamaal A. Harneen, a/k/a Charles Flowers, appeals the trial court’s summary denial of his petition for writ of habeas corpus. We affirm the denial order because Harneen did not set forth a facially sufficient claim for habeas corpus relief. In substance, Harneen s claim is for a reduced sentence or for a withdrawal of his 2003 plea. Given the unsworn allegations presented in his petition, we believe Harneen might have a claim for postconviction relief based on an involuntary plea. See Fla. R.Crim. P. 3.850(a)(5); Lusunariz v. State, 908 So.2d 1094 (Fla. 3d DCA 2005). The unsworn petition does…
2Cases cited3 opinions
- Lyell v. StateDistrict Court of Appeal of Florida · 2004
- McNeil v. StateDistrict Court of Appeal of Florida · 1996
- Lusunariz v. StateDistrict Court of Appeal of Florida · 2005