DocketNumber: No. 5D02-3858
Citation Numbers: 840 So. 2d 294
Judges: Griffin, Sharp, Thompson
Filed Date: 1/31/2003
Status: Precedential
Modified Date: 7/30/2022
Romahn seeks certiorari review of the trial court’s order which denied the second ground of his petition for writ of habeas corpus which was directed to that court.
Romahn argues he received an improper upward departure sentence and had the guidelines been followed, he would now be entitled to immediate release. The imposition of an improper upward departure sentence under the guidelines is a ground which could or should have been raised on direct appeal. Thus it is proeedurally barred from being raised in a petition for writ of habeas corpus. See Hunter v. State, 817 So.2d 786 (Fla.2002).
In addition, Romahn raised this claim in a prior motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). This court affirmed the trial court’s summary
AFFIRMED.
. Romahn does not contest the court's ruling with regard to the remaining two grounds of the underlying habeas petition.
. Appeal No. 5D00-3771.