District Court of Appeal of Florida

Denial of a petition for writ of habeas corpus from a conviction for sexual battery on a physically incapacitated person is affirmed over a claim that the information charging him with the crime was fatally defective, because a habeas corpus petition cannot be used to litigate matters that could have and should have been raised on direct appeal.

Appellate Information

• Decided 08/11/2006
• Published 08/11/2006

Judges

• PER CURIAM.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Herbert N. Price, Okeechobee, Pro Se.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie Nielan, Assistant Attorney General, Daytona Beach, for Appellee.