FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-2195
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REGINALD FARRIOR,
Appellant,
v.
FLORIDA DEPARTMENT OF
CORRECTIONS,
Appellee.
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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.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Reginald Farrior, pro se, Appellant.
Ashley Moody, Attorney General, and Anne C. Conley, Assistant
Attorney General, Tallahassee, for Appellee.
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