Denied. See Barnard v. State, 949 So.2d 250, 251 (Fla. 3d DCA 2007) ("Habeas corpus may not be used to file successive 3.850 motions or to raise issues which would be untimely if considered as a motion for postconviction relief under rule 3.850." (citing Baker v. State, 878 So.2d 1236, 1245-46 (Fla. 2004) ) ); see also Hernandez v. State, 990 So.2d 1116, 1118 (Fla. 3d DCA 2008) ("However, even if we were to address the petition on the merits, it would be denied as the ground raised is refuted by the record.").
Anicet v. Jones, 245 So. 3d 992 (2018)
May 9, 2018
·
District Court of Appeal of Florida, Third District
·
No. 3D18–0047
245 So. 3d 992
Ernst ANICET, Petitioner,
v.
Julie JONES, etc., et al., Respondents.
No. 3D18-0047
District Court of Appeal of Florida, Third District.
Opinion filed May 9, 2018
Ernst Anicet, in proper person.
Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney General, for respondent The State of Florida.
Before FERNANDEZ, LOGUE, and LINDSEY, JJ.