BERALDO DIAZ v. State
This text of BERALDO DIAZ v. State (BERALDO DIAZ v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed March 17, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-1818 Lower Tribunal No. F82-6086A ________________
Beraldo Diaz, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Charles K. Johnson, Judge.
Beraldo Diaz, in proper person.
Ashley Moody, Attorney General, for appellee.
Before LOGUE, HENDON, and GORDO, JJ.
PER CURIAM.
Affirmed. See Calloway v. State, 699 So. 2d 849, 849 (Fla. 3d DCA 1997) (“A petition for habeas corpus cannot be used to circumvent the two-
year period for filing motions for postconviction relief.”); Bermudez v. State,
870 So. 2d 875, 876-77 (Fla. 3d DCA 2004) (“A criminal defendant may not
escape [the] two-year limit for 3.850 motions by styling a pleading as a
petition for writ of habeas corpus.”).
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