Third District Court of Appeal
State of Florida
Opinion filed February 1, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1068
Lower Tribunal No. F22-8490
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Chestel Thorson,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Thomas J.
Rebull, Judge.
Chestel Thorson, in proper person.
Ashley Moody, Attorney General, for appellee.
Before EMAS, HENDON and BOKOR, JJ.
PER CURIAM.
Affirmed. See La-Casse v. Inch,
307 So. 3d 921, 923 (Fla. 3d DCA
2020) (“A petition for writ of habeas corpus may not be used to challenge the
legality of a defendant's judgment of conviction. A defendant must seek such
relief, if at all, through the procedure established in rule 3.850. Nor may
habeas corpus be used as a substitute for an otherwise procedurally barred
motion for postconviction relief under rule 3.850.”) See also Baker v. State,
878 So. 2d 1236, 1241 (Fla. 2004) (reaffirming the well-established principle
that “habeas corpus may not be used as a substitute for an appropriate
motion seeking postconviction relief, ... [n]or 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”) (citations omitted); 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.”); Corner v.
State,
218 So. 3d 922, 923 (Fla. 3d DCA 2016) (issuing an order directing
defendant to show cause why he should not be barred from filing further pro
se pleadings, noting that defendant was “attempting to use the habeas
corpus petition as a disguised rule 3.850 motion”).
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