FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-1281
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MICHAEL GREEN,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
Russell Healey, Judge.
July 16, 2019
PER CURIAM.
In his petition for habeas corpus, the appellant attempts to
collaterally attack his judgments and sentences for the third time.
The trial court correctly determined that the appellant is not
entitled to relief. A petition for habeas corpus is not available to
seek collateral postconviction relief. Baker v. State, 878 So. 2d
1236, 1242 (Fla. 2004). If we review the appellant’s petition as a
motion for postconviction relief, the motion is time-barred because
the appellant’s judgments and sentences became final more than
two years prior to him filing the instant motion. See Fla. R. Crim.
P. 3.850(b); Green v. State, 169 So. 3d 1166 (Fla. 1st DCA 2015)
(Table).
AFFIRMED.
LEWIS, B.L. THOMAS, and ROBERTS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Michael Green, pro se, Appellant.
Ashley Moody, Attorney General, and Julian E. Markham,
Assistant Attorney General, Tallahassee, for Appellee.
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