JAMES L. FREDERICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The trial court determined that it did not have jurisdiction to hear a petition for 'writ of habeas corpus because petitioner was incarcerated in another county. However, in this case, the subject of the habeas petition involved the conduct of petitioner’s trial in Broward County. As to habeas petitions based on trial issues, review is not permitted by the circuit court in the county of incarceration. See Leichtman v. Singletary, 674 So. 2d 889, 891 (Fla. 4th DCA 1996). Habeas petitions directed to trial issues must be brought in the circuit court for the county where the trial occurred. See id.
Despite its jurisdictional finding, the trial court also ruled that the issues raised by petitioner had already been raised and denied in a motion for postconviction relief. The trial court correctly noted that habeas corpus cannot be used as a substitute for a postconviction motion under Rule 3.850. Hildwin v. Dugger, 654 So. 2d 107, 110-11 (Fla.), cert. denied, 516 U.S. 965, 116 S.Ct. 420, 133 L.Ed.2d 337 (1995). Thus, the petition was properly denied.
STONE, C.J., and GLICKSTEIN and WARNER, JJ„ concur.
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Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007)…riff v. Moore, 781 So. 2d 1146 (Fla. 1st DCA 2001)); McLevy v. State, 787 So. 2d 194 (Fla. 1st DCA 2001); McLeroy v. State, 704 So. 2d 151 (Fla. 5th DCA 1997); Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996); see also Frederick v. State, 714 So. 2d 1043, 1043 (Fla. 4th DCA 1998) (stating “[hjabeas petitions directed to trial issues must be brought in the circuit court of the county where the trial occurred”).2 Some of these cases cite to this court’s opinion in State v. Broom, 523 So. 2d 639, 640…
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Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)…the propriety of a plea, jurisdiction in habeas proceedings lies with the trial court that imposed the sentence and rendered the judgment of conviction.” Id. at 1245 (citing Sheriff v. Moore, 781 So. 2d 1146 (Fla. 1st DCA 2001); Frederick v. State, 714 So. 2d 1043, 1043 (Fla. 4th DCA) (“Habeas petitions directed to trial issues must be brought in the circuit court for the county where the trial occurred.”), review denied, 728 So. 2d 201 (Fla.1998); McLeroy v. State, 704 So. 2d 151 (Fla. 5th DCA 1997) (dismiss…
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Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)…o the trial or to the propriety of a plea, jurisdiction in habeas proceedings lies with the trial court that imposed the sentence and rendered the judgment of conviction. See Sheriff v. Moore, 781 So. 2d 1146 (Fla. 1st DCA 2001); Frederick v. State, 714 So. 2d 1043, 1043 (Fla. 4th DCA) (“Habeas petitions directed to trial issues must be brought in the circuit court for the county where the trial occurred.”), review denied, 728 So. 2d 201 (Fla.1998); McLeroy v. State, 704 So. 2d 151 (Fla. 5th DCA 1997); Leichtm…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hildwin v. Dugger, 654 So. 2d 107 (Fla. 1995)
- Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996)
- Aaron v. City of Wichita, 516 U.S. 965 (U.S. 1995)
- Conf. of African Union First Colored Methodist Protestant Church v. Mother African Union First Colored Methodist Protestant Church, 516 U.S. 965 (U.S. 1995)