ABDON RIVERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2007-03-14
No. 2D06-1592
CANADY and LaROSE, JJ., Concur.
951 So. 2d 99 Florida District Court of Appeal, Second District (2007) Positive Treatment
Cited by 1 case
Opinion of the Court
HAWORTH, LEE E., Associate Judge.

HAWORTH, LEE E., Associate Judge.

Abdon Rivera’s conviction and sentence for battery on a law enforcement officer is affirmed without prejudice to his filing a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850.

CANADY and LaROSE, JJ., Concur.

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  • Lathio Jenkins v. State, 6 So. 3d 71 (Fla. 3d DCA 2008)
    …nkins had two years from the time his case became final in 1994 to seek postconviction relief under rule 3.850. Habeas corpus may not be relied upon to circumvent this time limitation. See Baker v. State, 878 So. 2d 1236 (Fla.2004); Slater v. State, 951 So. 2d 99 (Fla. 3d DCA 2007). Thus, we conclude that the instant claim was improperly brought and is untimely. In addition to the impropriety of the remedies sought by Jenkins and the untimeliness of his claim, is the fact that by proceeding to trial under t…

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