Legal Opinion

West v. State

District Court of Appeal of Florida

Decided June 5, 2013No. 4D12-4128Published

1Per curiam

We affirm the trial court’s summary denial of appellant’s untimely, successive, and frivolous postconviction challenge. Appellant filed a petition for writ of habeas corpus in the trial court attempting to challenge his March 1999 conviction for robbery.

A petition for writ of habeas corpus may not be used as substitute for a Rule 3.850 motion. See Fla. R.Crim. P. 3.850(0; Baker v. State, 878 So.2d 1236, 1241 (Fla.2004). A postconviction motion would be untimely and successive in this case as petitioner *1048has already filed numerous postconvietion challenges and appeals. Appellant has now…

2Cases cited6 opinions

  1. Baker v. StateSupreme Court of Florida · 2004
  2. State v. SpencerSupreme Court of Florida · 1999
  3. Logan v. StateDistrict Court of Appeal of Florida · 2009
  4. Collins v. StateDistrict Court of Appeal of Florida · 2012
  5. Logan v. StateDistrict Court of Appeal of Florida · 2009

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