SAMUEL CALLOWAY, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Defendant appeals from the denial of his Petition for Habeas Corpus. We dismiss this appeal. Defendant candidly admits in his motion that he was convicted in the seventeenth judicial circuit in 1993, and that he can no longer file a timely motion pursuant to Fla. R.Crim. P. 3.850 in that circuit. Defendant further admits that he filed his Petition for Habeas Corpus in Dade County in an attempt to avoid the limitations period imposed by rule 3.850. A petition for habeas corpus cannot be used to circumvent the two-year period for filing motions for postconviction relief. Scott v. Dugger, 604 So. 2d 465, 470 (Fla.1992); Leichtman v. Singletary, 674 So. 2d 889, 891-92 (Fla. 4th DCA 1996).
A more significant reason for our dismissal of this appeal, however, is that the trial court in Dade County was without juris diction to entertain defendant’s petition. “[A] circuit court has no jurisdiction to review the legality of a conviction in another circuit....” State v. Broom, 523 So. 2d 639, 641 (Fla. 2d DCA 1988).
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (20 total)
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Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007)…tate, 948 So. 2d 930, 930 (Fla. 3d DCA 2007); Johnson v. State, 947 So. 2d 1192, 1193 (Fla. 3d DCA 2007) (stating defendant required to file petition attacking the validity of judgment in circuit that imposed the sentence) (citing Calloway v. State, 699 So. 2d 849, 850 (Fla. 3d DCA 1997)); Vale v. State, 946 So. 2d 104, 104 (Fla. 5th DCA 2007) (explaining "jurisdiction for habeas proceedings rests with the trial court that imposed the sentence and rendered the judgment of conviction”); Richardson v. State, 91…
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Broom v. State, 907 So. 2d 1261 (Fla. 3d DCA 2005)…y v. Regier, 872 So. 2d 217, 223-24 (Fla.2002)(beeause petition for writ of habeas corpus raised issues regarding petitioner’s detention, the proper court to rule on the petition was the court where petitioner was being detained); Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997)(explaining that a circuit court has no jurisdiction to review the legality of a conviction in another circuit); Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996)(holding that a court from one county does not have jurisdi…
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Jahzwah Johnson v. State, 947 So. 2d 1192 (Fla. 3d DCA 2007)…it where the defendant is incarcerated when the petition involves an issue regarding the prisoner’s incarceration, the converse is true when the petition is based upon the legality of the conviction imposed in another circuit. See Calloway v. State, 699 So. 2d 849, 849-50 (Fla. 3d DCA 1997)(ex-plaining that a circuit court has no jurisdiction to review the legality of a conviction in another circuit); Leichtman v. Singletary, 674 So. 2d 889, 891 (Fla. 4th DCA 1996)(holding that a court from one county does no…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abron Scott v. Dugger, 604 So. 2d 465 (Fla. 1992)
- Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996)
- State v. Broom, 523 So. 2d 639 (Fla. 2d DCA 1988)