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JENKINS v. STATE

No. 3D08-353.

6 So.3d 71 (2008)

Lathio JENKINS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Order Discharging Rule to Show Cause March 11, 2009.

Attorney(s) appearing for the Case

Lathio Jenkins, in proper person.

Bill McCollum, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, Miami, for appellee.

Before RAMIREZ, SHEPHERD, and ROTHENBERG, JJ.

ROTHENBERG, 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...

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