RONALD BARNETT v. THE STATE OF FLORIDA (2022)

Following review of the pro se Petition for Writ of Habeas Corpus, it is ordered that said Petition is hereby dismissed. See La-Casse v. Inch, 307 So. 3d 921, 923 (Fla. 3d DCA 2020) (“A petition for writ of habeas corpus may not be used to challenge the legality of a defendant's judgment of conviction. A defendant must seek such relief, if at all, through the procedure established in rule 3.850. Nor may habeas corpus be used as a substitute for an otherwise procedurally barred motion for postconviction relief under rule 3.850.”) (citing Baker v. State, 878 So. 2d 1236 (Fla. 2004)); Fla. R. App. P. 9.141(c)(5)(A) (“A petition for belated appeal shall not be filed more than 2 years after the expiration of time for filing the notice of appeal from a final order, unless it alleges under oath with a specific factual basis that the petitioner was unaware a notice of appeal had not been timely filed or was not advised of the right to an appeal or was otherwise prevented from timely filing the notice of appeal due to circumstances beyond the petitioner's control, and could not have ascertained such facts by the exercise of reasonable diligence. In no case shall a petition for belated appeal be filed more than 4 years after the expiration of time for filing the notice of appeal.”).

HENDON, MILLER and LOBREE, JJ., concur.