Doby v. State

SILBERMAN, Judge.

Jeffrey Doby appeals the dismissal of his petition for writ of habeas corpus, specifically challenging the postconviction court’s treatment of his petition as a motion filed under Florida Rule of Criminal Procedure 3.850. Mr. Doby cites his actual innocence as the sole ground for his habeas petition. The postconviction court dismissed Mr. Doby’s claim as untimely, successive, and an abuse of process. We write only to clarify the reasons Mr. Doby’s petition was correctly treated as a postconviction motion filed under rule 3.850.

A petition for a writ of habeas corpus is to be…