Clough v. State

LaROSE, Judge.

Brian Clough timely appeals the post-conviction court’s order dismissing, in part, and denying, in part, his petition for a writ of habeas corpus. See § 79.01, Fla. Stat. (2009). We have jurisdiction, see Fla. R. App. P. 9.140(b)(1)(D), and affirm. We write to address the argument that the postconviction court denied Mr. Clough due process of law by converting, without notice, his habeas petition to a postconviction motion under Florida Rule of Criminal Procedure 3.850. We review this issue de novo. See Nelson v. State, 43 So.3d 20, 28 (Fla.2010) (stating that appellate court…