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JOLLY v. STATE

No. 4D11-1812.

106 So.3d 508 (2013)

Adam JOLLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 30, 2013.

Attorney(s) appearing for the Case

Adam Jolly, Indiantown, pro se.

No appearance required for appellee.

PER CURIAM.

We affirm the denial of appellant's untimely post-conviction motion. A petition for writ of habeas corpus may not be used as a substitute for a rule 3.850 motion. See Baker v. State, 878 So.2d 1236, 1241 (Fla.2004); Fla. R.Crim. P. 3.850(l). As to appellant's claim that the sentencing court believed that it was required to sentence appellant to the statutory maximum once it concluded that he was a habitual...

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