Legal Opinion

Anicet v. Jones

District Court of Appeal of Florida

Decided May 9, 2018No. 3D18–0047Published

1Per curiam

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.").

2Cases cited3 opinions

  1. Baker v. StateSupreme Court of Florida · 2004
  2. Barnard v. StateDistrict Court of Appeal of Florida · 2007
  3. Hernandez v. StateDistrict Court of Appeal of Florida · 2008