CALHOUN v. STATE (2020)

District Court of Appeal of Florida, Third District.

Demetrius CALHOUN, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s).

Case No.: 3D20-1458

Decided: October 23, 2020

Following review of the pro se Petition for Writ of Habeas Corpus, it is ordered that the Petition is hereby denied. Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004) (“The remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850.”); Corner v. State, 218 So. 3d 922, 923 (Fla. 3d DCA 2016) (ordering defendant to show cause why he should not be barred from filing further pro se pleadings, noting that defendant was attempting to use the habeas corpus petition as a disguised rule 3.850 motion.); Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997) (“A petition for habeas corpus cannot be used to circumvent the two-year period for filing motions for postconviction relief.”).

EMAS, C.J., and HENDON and GORDO, JJ., concur.

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