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Siplen v. State
Citations: 963 So. 2d 317; 2007 Fla. App. LEXIS 12783; 2007 WL 2330678Docket: No. 5D07-2489
Court: District Court of Appeal of Florida; August 17, 2007; Florida; State Appellate Court
Freddie Siplen filed a petition for writ of habeas corpus on July 23, 2007, challenging a May 1, 2007 order that modified his probation to include electronic monitoring. Prior to this petition, Siplen had filed a notice of appeal on May 25, 2007, regarding the same order, which is still pending and has not been perfected. The court determined that an order modifying probation is subject to appeal, making Siplen's pending appeal the appropriate remedy. Consequently, the habeas petition was dismissed, as habeas corpus cannot serve as a substitute for an appeal. The dismissal was concurred by Judges Palmer, Sawaya, and Monaco.