BROWN v. STATE (2021)

District Court of Appeal of Florida, Third District.

Adrian BROWN, Appellant, v. The STATE of Florida, Appellee.

No. 3D20-892

Decided: February 17, 2021

Before EMAS, C.J., and SCALES and LOBREE, JJ.

Adrian Brown, in proper person. Ashley Moody, Attorney General, for appellee.

Affirmed. See Lindo v. State, 981 So. 2d 1212 (Fla. 3d DCA 2008) (noting that “a petition for writ of habeas corpus is not a substitute for a postconviction motion under Florida Rule of Criminal Procedure 3.800(a) or 3.850”); Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010); (holding “habeas corpus may not be used as a substitute for an appropriate motion seeking postconviction relief pursuant to the Florida Rules of Criminal Procedure”). See also Martinez v. State, 211 So. 3d 989, 992 (Fla. 2017) (holding that a challenge to “the procedure that led to the imposition of his minimum mandatory sentence by arguing that he was deprived of his due process right to notice of the potential punishment he faced ․ is not cognizable in a rule 3.800(a) motion.”)

Affirmed.

PER CURIAM.

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