ROBERTS v. INCH (2021)

The petition for habeas corpus, filed as an original proceeding with this court and alleging a manifest injustice, is dismissed without prejudice to the filing of an authorized and legally sufficient motion for postconviction relief in the circuit court. See Evans v. State, No. 3D20-1820, ––– So.3d ––––, ––––, 2021 WL 1201436 at *1 (Fla. 3d DCA March 31, 2021) (noting the reaffirmance of “the wellestablished principles that ‘habeas corpus may not be used as a substitute for an appropriate motion seeking postconviction relief, ․ [n]or can habeas corpus be used as a means to seek a second appeal or to litigate issues that could have been or were raised in a motion under rule 3.850’ ”) (quoting Baker v. State, 878 So. 2d 1236, 1241 (Fla. 2004)); Brown v. State, 316 So.3d 743, 743–44 (Fla. 3d DCA February 17, 2021) (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”) (quoting Lindo v. State, 981 So. 2d 1212 (Fla. 3d DCA 2008)); Beiro v. State, 289 So. 3d 511, 511 (Fla. 3d DCA 2019) (noting: “The mere incantation of the words ‘manifest injustice’ does not make it so.”)

PER CURIAM.