SMITH v. FLORIDA DEPARTMENT OF CORRECTIONS (2021)

District Court of Appeal of Florida, First District.

Carlton SMITH, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.

No. 1D20-1290

Decided: March 31, 2021

Carlton Smith, pro se, Appellant. Lance Neff, General Counsel, and Beverly Brewster, Assistant General Counsel, Tallahassee, for Appellee.

Affirmed. See Baker v. State, 878 So. 2d 1236, 1246 (Fla. 2004) (explaining that dismissal of habeas corpus petitions, rather than transfer, is appropriate where the petitioner is seeking relief that “(1) would be untimely if considered as a motion for postconviction relief under rule 3.850, (2) raise claims that could have been raised at trial or, if properly preserved, on direct appeal of the judgment and sentence, or (3) would be considered a second or successive motion under rule 3.850 that either fails to allege new or different grounds for relief that were known or should have been known at the time the first motion was filed.”).

Per Curiam.

Lewis, Makar, and Long, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network