Williams v. State

Full title: Leroy WILLIAMS, Jr., Petitioner, v. STATE of Florida, Respondent

Court: District Court of Appeal of Florida, Fifth District

Date published: Sep 28, 2006

937 So. 2d 1147 (Fla. Dist. Ct. App. 2006)

Opinion

No. 5D06-2286.

August 25, 2006. Rehearing Denied September 28, 2006.

Petition for Certiorari Review of Order from the Circuit Court for Orange County, Jay Paul Cohen, Judge.

Leroy Williams, Jr., Lake City, Pro Se.

No Appearance for Respondent.

PER CURIAM.

We treat the petition for certiorari seeking review of the denial of a habeas corpus petition in the circuit court as an appeal and affirm. Williams, convicted of first-degree murder in 1994, cannot utilize a habeas corpus petition as a substitute for a timely motion under Florida Rule of Criminal Procedure 3.850. See Richardson v. State, 918 So.2d 999, 1003-04 (Fla. 5th DCA 2006).

AFFIRMED.

PALMER, ORFINGER and LAWSON, JJ., concur.