Collins v. Sec'y, Fla. Dep't of Corr.
Decision Date | 06 October 2020 |
Docket Number | Case No. 3:18-cv-164-J-34JBT |
Parties | JAMES L. COLLINS, JR., Petitioner, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al., Respondents. |
Court | U.S. District Court — Middle District of Florida |
PetitionerJames L. Collins, Jr., an inmate of the Florida penal system, initiated this action on January 23, 2018,1 by filing a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254(Petition;Doc. 1).In the Petition, Collins challenges a 2013state court(Duval County, Florida) judgment of conviction for grand theft.He raises four grounds for relief.SeePetitionat 5-51.2Respondents have submitted a memorandum in opposition to the Petition.See Answer to Petition for Writ of Habeas Corpus(Response;Doc. 21).They also submitted exhibits.SeeResp.Exs. A-O, Docs. 21-1 through 21-10.Collins filed a brief in reply.See Reply Brief (Doc. 22).He also submitted exhibits.See Docs. 22-1 and 22-2.This case is ripe for review.
On April 24, 2013, the State of Florida charged Collins, by Information in case number 16-2013-CF-003339-AXXX-MA, with grand theft.SeeResp. Ex. B1at 8.At the conclusion of a trial on September 10, 2013, a jury found Collins guilty, as charged.SeeResp. Exs. B1at 23, Verdict;B2 and B3, Transcripts of the Trial Proceedings (Tr.), at 252.3The circuit court sentenced Collins to a term of imprisonment of ten years, as a habitual felony offender (HFO), on September 25, 2013.SeeResp. Ex. B1at 46-52, Judgment; 105-27, Transcript of the Sentencing Proceeding (Sentencing Tr.).
On appeal, Collins, with the benefit of counsel, filed an initial brief, arguing that the trial court erred when it (1) denied his motions for judgment of acquittal because the State did not present a prima facie case of the value of the merchandise, and (2) admitted hearsay to prove the essential element of the value of the merchandise.SeeResp.Ex. B4.The State filed an answer brief, seeResp.Ex. B5, and Collins filed a reply brief, seeResp.Ex. B6.On June 26, 2014, the appellate court affirmed Collins' conviction and sentence per curiam without issuing a written opinion, seeResp.Ex. B7, and the mandate issued on July 14, 2014, seeResp.Ex. B8.
Collins challenged his HFO sentence in a variety of motions until the appellate court ultimately barred him from filing pro se motions.First, he filed a pro se motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a)(Rule 3.800) on July 16, 2014.SeeResp. Ex. C1at 1-4.The court denied the Rule 3.800 motion on January 21, 2015, seeid. at 8-65, stating in pertinent part:
Resp. Ex. C1at 8-10.On May 13, 2015, the court denied Collins' request for rehearing, seeid. at 69-70, stating that the court did "not find any points of law or fact that were overlooked in deciding [Collins'] Motion,"id. at 80.On appeal, Collins filed a pro se initial brief, seeResp.Ex. C2, and the State filed a notice that it did not intend to file an answer brief, seeResp.Ex. C3.On September 28, 2015, the appellate court affirmed Collins' conviction and sentence per curiam without issuing a written opinion, seeResp.Ex. C4, and denied his motion for rehearing on November 2, 2015, seeResp.Exs. C5; C6.The mandate issued on November 18, 2015.SeeResp.Ex. C7.
On or about November 9, 2015, Collins filed a pro se motion to correct illegal sentence in the Florida Supreme Court.SeeResp.Ex. C8.The court construed the motion as a petition for writ of habeas corpus, and dismissed it on November 12, 2015.7SeeResp.Ex. C9.
Collins also challenged his HFO sentence by filing a pro se petition for writ of habeas corpus on January 19, 2016, seeResp. Ex. D1at 1-9, and an amended petition on March 7, 2016, in the state circuit court, seeid. at 10-20.As relief, he asked that the court resentence him without using the 1987 robbery conviction.Seeid. at 18.The court denied both petitions on September 15, 2016, seeid. at 21-88, stating in pertinent part:
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