From Casetext: Smarter Legal Research

Sykes v. State

District Court of Appeal of Florida, First District
Apr 7, 2010
31 So. 3d 846 (Fla. Dist. Ct. App. 2010)

Opinion

No. 1D09-0076.

February 24, 2010. Rehearing Denied April 7, 2010.

An appeal from the Circuit Court for Baker County. Mark W. Moseley, Judge.

Melvin Sykes, pro se, Appellant.

Bill McCollum, Attorney General, and Carolyn Mosley, Assistant General Counsel, Office of the Attorney General, Tallahassee; Kathleen Von Hoene, General Counsel, and Barbara Debelius, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellees.


This is an appeal from a final order dismissing a petition for writ of habeas corpus. The appellant contends that he has been detained unlawfully because his commitment papers do not meet the requirements of section 944.17(5), Florida Statutes. This statute directs the circuit courts to use a uniform commitment form and it specifies the documents that must be transmitted to the Department of Corrections along with the form, but it does not create a cause of action that can be asserted by an inmate. Because the appellant has failed to allege that he is being detained unlawfully, the circuit court acted properly in dismissing his petition for writ of habeas corpus.

Affirmed.

WEBSTER, PADOVANO, and ROWE, JJ., concur.


Summaries of

Sykes v. State

District Court of Appeal of Florida, First District
Apr 7, 2010
31 So. 3d 846 (Fla. Dist. Ct. App. 2010)
Case details for

Sykes v. State

Case Details

Full title:Melvin SYKES, Appellant, v. STATE of Florida, Melody L. Flores, Warden…

Court:District Court of Appeal of Florida, First District

Date published: Apr 7, 2010

Citations

31 So. 3d 846 (Fla. Dist. Ct. App. 2010)

Citing Cases

Wilder v. Jones

PER CURIAM.AFFIRMED. Edwards v. Crews, 124 So.3d 422 (Fla. 1st DCA 2013) ; Sykes v. State, 31 So.3d 846 (Fla.…

Webster v. Inch

Even if Appellant had alleged the requisite doubt, the case law holding that the statute does not implicate…