Opinion
No. 4D11–1812.
2013-01-30
Adam JOLLY, Appellant, v. STATE of Florida, Appellee.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William L. Roby, Judge; L.T. Case No. 431992CF000118A. Adam Jolly, Indiantown, pro se. No appearance required for appellee.
Appeal of order denying rule 3.850 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William L. Roby, Judge; L.T. Case No. 431992CF000118A.
Adam Jolly, Indiantown, pro se. No appearance required for appellee.
PER CURIAM.
We affirm the denial of appellant's untimely post-conviction motion. A petition for writ of habeas corpus may not be used as a substitute for a rule 3.850 motion. See Baker v. State, 878 So.2d 1236, 1241 (Fla.2004); Fla. R.Crim. P. 3.850( l ). As to appellant's claim that the sentencing court believed that it was required to sentence appellant to the statutory maximum once it concluded that he was a habitual felony offender, see Burdick v. State, 594 So.2d 267 (Fla.1992), appellant fails to show manifest injustice that merits relaxing the procedural bars. Cf. Johnson v. State, 9 So.3d 640 (Fla. 4th DCA 2009); Prince v. State, 98 So.3d 768 (Fla. 4th DCA 2012).
Affirmed.