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McKIRE v. MOORE

No. 3D00-3351.

826 So.2d 1023 (2001)

Gerald M. McKIRE, Petitioner, v. Michael W. MOORE, as Secretary, Department of Corrections, State of Florida, and the State of Florida, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 3, 2001.

Attorney(s) appearing for the Case

Gerald M. McKire, in proper person.

Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General (Ft.Lauderdale), for respondents.

Before JORGENSON, GERSTEN, and FLETCHER, JJ.

PER CURIAM.

We deny Gerald M. McKire's most recent petition for habeas corpus because petitioner's allegations of unlawful sentence and trial court error are issues which could have and should have been raised on direct appeal. See Byrd v. State, 597 So.2d 252 (Fla.1992); see also Fla. R.Crim. P. 3.850(f). Indeed, these very issues have been addressed on the merits in multiple previous proceedings and are procedurally...

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