Opinion
Nos. 98-3325, 98-1935
Opinion filed May 19, 1999 Rehearing Denied June 16, 1999.
Case No. 98-3325: An Appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Dade County, and Petition for Writ of Error Coram Nobis, Barbara S. Levenson, Judge, L.T. No. 86-9201.
Case No. 98-1935: On Petition for Writ of Mandamus to the Circuit Court for Dade County, Barbara S. Levenson, Judge.
Booker Birdsong, Jr., in proper person.
Robert A. Butterworth, Attorney General, for appellee.
Before NESBITT, JORGENSON, and LEVY, JJ.
We affirm the denial of defendant's motion for postconviction relief, and deny both his Petition for Writ of Error Coram Nobis and his Petition for Writ of Mandamus. See Fla. R. Crim. P. 3.850(b) (imposing two-year limitation on seeking postconviction relief in noncapital case unless facts on which claim is predicated were unknown to movant or movant's attorney and could not have been ascertained by the exercise of due diligence); see also Calloway v. State, 699 So.2d 849 (Fla. 3d DCA 1997) (holding that habeas petition cannot be used to circumvent the limitations period imposed by rule 3.850); Smith v. State, 506 So.2d 69 (Fla. 1st DCA 1987) (holding that laches may bar claim for postconviction relief).
Denial of Motion for Postconviction relief, affirmed; Petitions for Writ of Error Coram Nobis and Mandamus, denied.