Williams v. State (937 So. 2d 1147, 2006)

PER CURIAM.

We treat the petition for certiorari seeking review of the denial of a habeas corpus petition in the circuit court as an appeal and affirm. Williams, convicted of first-degree murder in 1994, cannot utilize a habeas corpus petition as a substitute for a timely motion under Florida Rule of Criminal Procedure 3.850. See Richardson v. State, 918 So.2d 999, 1003-04 (Fla. 5th DCA 2006).

AFFIRMED.

PALMER, ORFINGER and LAWSON, JJ., concur.