Hartley v. State

District Court of Appeal of Florida

Hartley v. State

860 So. 2d 1063, 2003 Fla. App. LEXIS 18441, 2003 WL 22867912

CourtDistrict Court of Appeal of Florida

DecidedDecember 5, 2003

DocketNo. 5D03-3526

StatusPublished

This text of 860 So. 2d 1063 (Hartley 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.

Bluebook

Hartley v. State, 860 So. 2d 1063, 2003 Fla. App. LEXIS 18441, 2003 WL 22867912 (Fla. Ct. App. 2003).

Pincite

Opinion

ORFINGER, J.

Elvis Hartley, although petitioning for a writ of habeas corpus, actually seeks permission to file a belated motion for post-conviction relief pursuant to Florida Rule Criminal Procedure 3.850. Hartley’s underlying conviction was affirmed in 1996, see Hartley v. State, 679 So.2d 787 (Fla. 5th DCA 1996), and the time to file a timely Rule 3.850 motion has long passed. See Fla. R.Crim. P. 3.850(b).

To obtain permission to file a belated motion for postconviction relief, Hartley should file a Rule 3.850 motion in the trial court, arguing whatever grounds he believes may be available to avoid the two-year time limitation. If his motion is denied as untimely, he can then appeal that decision to this court. Habeas corpus cannot provide the relief Hartley requests.

Accordingly, we deny Hartley’s petition for a writ of habeas corpus without prejudice to seek appropriate relief in the trial court.

PETITION DENIED.

SHARP, W. and PLEUS, JJ„ concur.

Free access — add to your briefcase to read the full text and ask questions with AI