JEFFREY GEORGE SHURTLEFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the trial court’s denial of the petition for writ of habeas corpus and/or petition for a writ of error coram nobis because the petition was facially insufficient. We deny the application to this court for permission to file in the circuit court a petition for writ of error coram nobis because the trial court did have jurisdiction to entertain the petition filed there. State v. Woods, 400 So. 2d 456, 457 (Fla.1981) (the trial court does not have jurisdiction to entertain a petition for writ of error coram nobis absent permission from the appellate court when the judgment has been affirmed by the appellate court; however, where no appeal was taken from the judgment, the petition must be filed in the trial court).
BARFIELD, C.J., WEBSTER and BENTON, JJ., CONCUR.
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Joiner v. State, 790 So. 2d 1211 (Fla. 2d DCA 2001)…dgment has been taken, a petition for writ of error coram nobis must be filed in the original trial court that entered the judgment. State v. Woods, 400 So. 2d 456, 457 (Fla. 1981); Lamb v. State, 91 Fla. 396, 107 So. 535 (1926); Shurtleff v. State, 738 So. 2d 1028 (Fla. 1st DCA 1999), review dismissed, 753 So. 2d 566 (Fla.2000). Thus, the trial court had jurisdiction to consider Joiner’s petition and erred in dismissing it. However, we have reviewed each issue Joiner raised in his petition and determine that…
Authorities Cited
- State v. Woods, 400 So. 2d 456 (Fla. 1981)