Harris v. State

By petition for writ of habeas corpus, Kelvin D. Harris (“Harris”) asks this Court to reconsider its prior per curiam decision in Harris v. State, 974 So.2d 1076 (Fla. 3d DCA 2008) (“case number 3D07-1463”). Harris claims this Court’s opinion *765constitutes manifest injustice and disparate treatment. We deny the petition.

Initially, we must determine whether habeas relief is appropriate here. An appellate court should correct manifest injustice in habeas corpus proceedings. See e.g., Adams v. State, 957 So.2d 1183 (Fla. 3d DCA 2006). Further, disparate treatment of co-defendants can result in…