RICHARD SAVAGE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court properly denied a petition for writ of habeas corpus because it lacked jurisdiction to consider a petition filed by a prisoner detained outside its territorial authority.
Defendant, convicted of murder and conspiracy, sought habeas corpus relief claiming Florida lacked jurisdiction due to a prior transfer to federal cou…
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[*751] PARIENTE, Judge.
This is an appeal from a final order denying defendant’s petition for writ of habeas corpus on the basis that Palm Beach County lacked jurisdiction. Defendant’s conviction and sentence for second-degree murder and conspiracy to commit first-degree murder were affirmed on direct appeal. Savage v. State, 551 So. 2d 475 (Fla. 4th DCA 1989). Subsequently, defendant filed two successive motions pursuant to Florida Rule of Criminal Procedure 3.850 for post-conviction relief. The first motion was based on newly discovered evidence and the second motion was based on claimed ineffective assistance of counsel. Orders denying relief on both motions were affirmed on appeal.
For the first time, defendant now claims that Florida lacked subject matter jurisdiction to try him on the murder and conspiracy charges because, prior to his trial, he was transferred to federal court in Arkansas to stand trial on pending charges there. Defendant is currently serving his federal sentence in Atlanta, Georgia. Without considering the merits of the claim that Florida lost jurisdiction over his case prior to trial, the trial court here properly concluded that it lacked jurisdiction to consider a petition for habeas corpus filed by a prisoner being detained outside its territorial authority. § 79.09, Fla.Stat. (1993); Bush v. State, 545 So. 2d 506 (Fla. 1st DCA 1989); Finley v. State, 394 So. 2d 215 (Fla. 1st DCA 1981).
The court finds that this appeal is appropriate for expedited disposition pursuant to Florida Rule of Appellate Procedure 9.315(a). Accordingly, the order is summarily affirmed.
DELL and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Raley v. State, 675 So. 2d 170 (Fla. 5th DCA 1996)…Hornsby, 385 So. 2d 1106 (Fla. 5th DCA 1980). The trial court properly recognized that it lacked authority to rule upon a petition for writ of habeas corpus filed by a prisoner detained outside the court’s territorial jurisdiction. Savage v. State, 662 So. 2d 750 (Fla. 4th DCA 1995). Even though habeas corpus relief was not available, the trial court could have considered Mr. Raley’s petition to be a request for relief under rule 3.800(a). This is so because our courts are duty bound to correct an illegal s…
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Gaffney v. State, 681 So. 2d 1211 (Fla. 5th DCA 1996)…r writ of habeas corpus because the defendant is detained outside the court’s territorial jurisdiction. The petition should have been dismissed. Accordingly, we are constrained to vacate the trial court’s order denying the petition. Savage v. State, 662 So. 2d 750 (Fla. 4th DCA 1995). VACATED. PETERSON, C.J., and THOMPSON, J., concur. . § 794.011(2), Fla. Stat. (1985).…
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Chantay Clark v. State, 779 So. 2d 606 (Fla. 2d DCA 2001)…t the trial court lacked jurisdiction to hear her petition because she filed it in the wrong circuit. A petition for writ of habeas corpus must be filed in the circuit in which the petitioner is detained. § 79.09, Fla. Stat. (1997); Savage v. State, 662 So. 2d 750 (Fla. 4th DCA1995). Accordingly, we reverse and remand with directions that the trial court vacate its order denying Clark’s petition and transfer the petition to the proper circuit. Reversed and remanded with directions. FULMER, A.C.J., and D…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Earnest James Finley v. State, 394 So. 2d 215 (Fla. 1st DCA 1981)
- Vallejo v. State, 545 So. 2d 506 (Fla. 5th DCA 1989)
- Dieter K. Pawlik v. Pawlik, 545 So. 2d 506 (Fla. 2d DCA 1989)