MICHAEL GREEN
v.
STATE OF FLORIDA
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A petition for habeas corpus is not available for collateral postconviction relief, and a motion for postconviction relief is time-barred if filed more than two years after judgments and sentences become final.
[1] A petition for habeas corpus is an improper vehicle to seek collateral postconviction relief under Florida law.
[2] A motion for postconviction relief is time-barred under Florida Rules of Criminal Procedure 3.850(b) if filed more than two years after the underlying judgments and sente…
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Join FLexlaw to unlock all legal intelligence“A petition for habeas corpus is not available to seek collateral postconviction relief.”
Court's statement of law citing Baker v. State, 878 So. 2d 1236, 1242 (Fla. 2004)
Michael Green, a pro se appellant, filed a petition for habeas corpus seeking collateral postconviction relief, representing his third attempt to atta…
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July 16, 2019 PER CURIAM.
In his petition for habeas corpus, the appellant attempts to collaterally attack his judgments and sentences for the third time. The trial court correctly determined that the appellant is not entitled to relief. A petition for habeas corpus is not available to seek collateral postconviction relief. Baker v. State, 878 So. 2d 1236, 1242 (Fla. 2004). If we review the appellant’s petition as a motion for postconviction relief, the motion is time-barred because the appellant’s judgments and sentences became final more than two years prior to him filing the instant motion. See Fla. R. Crim. P. 3.850(b); Green v. State, 169 So. 3d 1166 (Fla. 1st DCA 2015) (Table).
AFFIRMED.
LEWIS, B.L. THOMAS, and ROBERTS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Michael Green, pro se, Appellant. Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.
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- Baker v. State, 878 So. 2d 1236 (Fla. 2004)