Carlton Smith v. Florida Department of Corrections

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA ____________________________ No. 1D20-1290 ____________________________ CARLTON SMITH, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee. ____________________________ On appeal from the Circuit Court for Liberty County. David Michael Frank, Judge. March 31, 2021 PER CURIAM. AFFIRMED. See Baker v. State, 878 So. 2d 1236, 1246 (Fla. 2004) (explaining that dismissal of habeas corpus petitions, rather than transfer, is appropriate where the petitioner is seeking 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.”). LEWIS, MAKAR, and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Carlton Smith, pro se, Appellant. Lance Neff, General Counsel, and Beverly Brewster, Assistant General Counsel, Tallahassee, for Appellee. 2