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Michael Green v. State of Florida, 18-1281 (2019)

Court: District Court of Appeal of Florida Number: 18-1281 Visitors: 20
Filed: Jul. 16, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-1281 _ MICHAEL GREEN, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Duval County. Russell Healey, Judge. 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 collatera
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                         No. 1D18-1281
                 _____________________________

MICHAEL GREEN,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Duval County.
Russell Healey, Judge.

                           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.




                               2

Source:  CourtListener

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