Gipson v. State, 3D08-1057.

• Decision Date: 04 June 2008
• Docket Number: No. 3D08-1058.,No. 3D08-1057.,3D08-1057.,3D08-1058.
• Parties: Jerald GIPSON, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

983 So.2d 678

Jerald GIPSON, Appellant, v. The STATE of Florida, Appellee.

No. 3D08-1057.

No. 3D08-1058.

District Court of Appeal of Florida, Third District.

June 4, 2008.

Appeals under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Bertila Soto, Judge.

Jerald Gipson, in proper person. Bill McCollum, Attorney General, for appellee.

Before COPE, WELLS and LAGOA, JJ.

PER CURIAM.

Affirmed. See Fla. R.Crim. P. 3.850(b) (imposing a two-year time limit to file a motion for postconviction relief after the judgment and sentence become final in a non-capital case); Griffin v. State, 976 So.2d 107, 108 (Fla. 3d DCA 2008) (noting that "[a] petition for habeas corpus cannot substitute for a rule 3.850 motion, nor may it be used to circumvent a rule 3.850 motion barred by the two-year limitations period or the proscription against successive motions") (citation omitted).