BIDEAU JEAN v. THE STATE OF FLORIDA.

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 25, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1956 Lower Tribunal No. F21-19119 ________________

Bideau Jean, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.315(a) from the Circuit Court for Miami-Dade County, Alberto Milian, Judge.

Bideau Jean, in proper person.

Ashley Moody, Attorney General, for appellee.

Before FERNANDEZ, C.J., and LINDSEY and LOBREE, JJ.

PER CURIAM.

Affirmed. See Baker v. State, 878 So. 2d 1236, 1241 (Fla. 2004) (reaffirming well-established principles that “habeas corpus may not be used

as a substitute for an appropriate motion seeking postconviction relief. . . .

Nor can habeas corpus be used as a means to seek a second appeal or to

litigate issues that could have been or were raised in a motion under rule

3.850”) (citation omitted) (quoting Harris v. State, 789 So. 2d 1114, 1115

(Fla. 1st DCA 2001)); Beiro v. State, 289 So. 3d 511, 511 (Fla. 3d DCA 2019)

(noting: “The mere incantation of the words ‘manifest injustice’ does not

make it so.”).