Legal Opinion

Jenkins v. State

District Court of Appeal of Florida

Decided March 11, 2009No. 3D08-353PublishedCited by 3 opinions

1Opinion of the CourtRothenberg, J.

Lathio Jenkins (“Jenkins”) appeals from an order issued by the trial court denying his Emergency Petition for Writ of Habeas Corpus and a motion to dismiss the information wherein Jenkins alleges he was improperly tried and convicted of armed robbery based upon an unsworn information. We affirm because habeas corpus is an improper remedy to address the issue raised, the claim asserted could have been raised on direct appeal or in a motion for postconviction relief, and the claim is without merit.

Jenkins was convicted after a jury trial in December of 1993. This Court affirmed the conviction…

2Cases cited11 opinions

  1. Lewis v. CaseySupreme Court of the United States · 1996
  2. Baker v. StateSupreme Court of Florida · 2004
  3. Hepburn v. StateDistrict Court of Appeal of Florida · 2005
  4. Johnson v. StateDistrict Court of Appeal of Florida · 2005
  5. Minor v. StateDistrict Court of Appeal of Florida · 2007

6 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Bradley v. Secretary, Department of Corrections (Pasco County)District Court, M.D. Florida · 2021
  2. Comesanas v. StateDistrict Court of Appeal of Florida · 2018
  3. Leveille v. StateDistrict Court of Appeal of Florida · 2010

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