Reginald Farrior v. Florida Department of Corrections

• Court: District Court of Appeal of Florida
• Decided: September 29, 2021
• Docket: 20-2195
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D20-2195 _____________________________

REGINALD FARRIOR,

Appellant,

v.

FLORIDA DEPARTMENT OF CORRECTIONS,

Appellee. _____________________________

On appeal from the Circuit Court for Hamilton County. Paul S. Bryan, Judge.

September 29, 2021

PER CURIAM.

AFFIRMED. See Baker v. State, 878 So. 2d 1236, 1246 (Fla. 2004) (explaining that a trial court may dismiss, rather than transfer, a habeas petition when the petitioner seeks relief that “(1) would be untimely if considered as a motion for postconviction relief under rule 3.850, (2) raise claims that could have been raised at trial or, if properly preserved, on direct appeal of the judgment and sentence, or (3) would be considered a second or successive motion under rule 3.850 that either fails to allege new or different grounds for relief that were known or should have been known at the time the first motion was filed.”); Zuluaga v. Dep’t of Corr., 32 So. 3d 674 (Fla. 1st DCA 2010). ROWE, C.J., and LEWIS and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Reginald Farrior, pro se, Appellant.

Ashley Moody, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.