
    Leroy WILLIAMS, Jr., Petitioner, v. STATE of Florida, Respondent.
    No. 5D06-2286.
    District Court of Appeal of Florida, Fifth District.
    Aug. 25, 2006.
    Rehearing Denied Sept. 28, 2006.
    Leroy Williams, Jr., Lake City, Pro Se.
    No Appearance for Respondent.
   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.  