793 So. 2d 116

Randall BURNEY Jr., Appellant, v. STATE of Florida, Appellee.

No. 2D00-2322.

District Court of Appeal of Florida, Second District.

Aug. 17, 2001.

*117Randall Burney, Jr., pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

Randall Burney Jr. challenges the trial court’s dismissal of his petition for habeas corpus. By his petition, Burney alleged ineffectiveness of counsel at his 1979 trial. Burney’s claims would more properly be raised in a postconviction petition. However, a petition for habeas corpus is not a proper substitute for a petition for post-conviction relief. See Clark v. Dugger, 559 So.2d 192 (Fla.1990). Furthermore, even if his petition were to be considered as one seeking postconviction relief, he is not entitled to relief as the petition is untimely. See Fla. R.Crim. P. 3.850(b). Accordingly, we affirm the trial court’s dismissal.

Affirmed.

BLUE, C.J., and THREADGILL, J., Concur.

Burney v. State
793 So. 2d 116

Case Details

Name
Burney v. State
Decision Date
Aug 17, 2001
Citations

793 So. 2d 116

Jurisdiction
Florida

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