ADAM JOLLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ADAM JOLLY, APPELLANT,
STATE OF FLORIDA, APPELLEE
106 So. 3d 508
Florida District Court of Appeal, Fourth District (2013)
Positive Treatment
Cited by 2 cases
Opinion of the Court
We affirm the denial of appellant’s untimely post-conviction motion. A petition for writ of habeas corpus may not be used as a substitute for a rule 3.850 motion. See Baker v. State, 878 So.2d 1236, 1241 (Fla.2004); Fla. R.Crim. P. 3.850(Z). As to appellant’s claim that the sentencing court believed that it was required to sentence appellant to the statutory maximum once it concluded that he was a habitual felony offender, see Burdick v. State, 594 So.2d 267 (Fla.1992), appellant fails to show manifest injustice that merits relaxing the pro-eedural bars. Cf. Johnson v. State, 9 So.3d 640 (Fla. 4th DCA 2009); Prince v. State, 98 So.3d 768 (Fla. 4th DCA 2012).
Affirmed.
POLEN, GROSS and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Santos v. State, 132 So. 3d 266 (Fla. 4th DCA 2013)…PER CURIAM. Affirmed. See Jolly v. State, 106 So. 3d 508 (Fla. 4th DCA 2013); Bray v. State, 75 So. 3d 1285 (Fla. 4th DCA 2011). GERBER, LEVINE and FORST, concur.…
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Burdick v. State, 594 So. 2d 267 (Fla. 1992)
- Johnson v. State, 9 So. 3d 640 (Fla. 4th DCA 2009)
- Donnie L. Prince v. State, 98 So. 3d 768 (Fla. 4th DCA 2012)