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GARNER v. WAINWRIGHT

No. AZ-259.

454 So.2d 28 (1984)

Ray Sam GARNER, Appellant, v. Louie L. WAINWRIGHT, James T. Wainwright, Superintendent of Lawtey Correctional Institution and Anabel Mitchell, Chairman, Florida Parole and Probation Commission, Appellees.

District Court of Appeal of Florida, First District.

July 24, 1984.

Attorney(s) appearing for the Case

Appellant, pro se.

Jim Smith, Atty. Gen., and Louis A. Vargas, Tallahassee, for appellees.

PER CURIAM.

Appellant files a petition for writ of habeas corpus which is identical to one previously filed before the Circuit Court for Bradford County. The lower tribunal denied the petition by order of May 16, 1984, without prejudice to the filing of a motion pursuant to Rule 3.850, Fla.R. Crim.P. We find that appellant's proper procedure was to appeal this order and not to file an identical petition before this Court. However, because the petition was filed within...

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