CHANTAY CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHANTAY CLARK, APPELLANT,
STATE OF FLORIDA, APPELLEE
779 So. 2d 606
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
WHATLEY, Judge.
The trial court erred in denying Chan-tay Clark’s motion for rehearing of the order denying her petition for writ of ha-beas corpus. In her motion for rehearing, Clark correctly asserted that 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 DAVIS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Spencer v. Fla. Parole Comm'n, 874 So. 2d 718 (Fla. 1st DCA 2004)…circuit of the county in which appellant is currently detained. § 79.09, Fla. Stat. (2003); Gillard v. Florida Parole Comm’n, 784 So. 2d 1214 (Fla. 1st DCA 2001); Williams v. Florida Parole Comm’n, 760 So. 2d 959 (Fla. 1st DCA 2000); Clark v. State, 779 So. 2d 606 (Fla. 2d DCA 2001); Collins v. State, 777 So. 2d 436 (Fla. 3d DCA 2001); Magnus v. State, 738 So. 2d 446 (Fla. 4th DCA 1999). AFFIRMED. WEBSTER, VAN NORTWICK and POLSTON, JJ., concur.…
Authorities Cited
- Savage v. State, 662 So. 2d 750 (Fla. 4th DCA 1995)