JOHNNY LENARD BRYANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The denial of the petition for writ of habeas corpus is affirmed because it was an improper method for collateral attack and filed in the wrong venue.
Bryant, convicted of sexual battery, filed a petition for writ of habeas corpus alleging a defective information and ineffective counsel. The trial co…
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THOMPSON, C.J.
Johnny Lenard Bryant appeals from the denial of his petition for writ of habeas corpus by the circuit.court of the Fifth Judicial Circuit. We affirm. The proper jurisdiction for this case was in the circuit court of the Seventeenth Judicial Circuit.
Bryant was convicted in the Seventeenth Judicial Circuit (Broward County) of sexual battery. The trial court sentenced him in 1978 to 99 years in the Department of Corrections. Bryant alleges that he is being illegally detained because the information in his case was defective in that it failed to allege a felony crime. Further, he contends that his lawyer was ineffective for failing to object to the defective information.
We agree with the trial court that Bryant is collaterally attacking his judgment and sentence and that the proper method to do so was to file a motion pursuant to Florida Rule of Criminal Procedure 3.850. See Patterson v. State, 664 So. 2d 31, 32 (Fla. 4th DCA 1995). The trial court also noted correctly that the proper venue for the motion was the Seventeenth Judicial Circuit, which was where the sentence was imposed. See Leichtman v. Singletary, 674 So. 2d 889, 892 (Fla. 4th DCA 1996). Furthermore, a petition for habeas corpus cannot be used to circumvent the two-year period for filing motions for post-conviction relief. See Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997).
AFFIRMED.
HARRIS and PLEUS, JJ., concur.
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Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)…erally attack a criminal judgment and sentence because Florida Rule of Criminal Procedure 3.850 has superseded habeas corpus as the only means to raise such issues.”); Collins; Spratling v. State, 851 So. 2d 228 (Fla. 1st DCA 2003); Bryant v. State, 780 So. 2d 978, 979 (Fla. 5th DCA) (“We agree with the trial court that Bryant is collaterally attacking his judgment and sentence and that the proper method to do so was to file a motion pursuant to Florida Rules of Criminal Procedure 3.850.”), review denied, 791…
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Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)…dy of habeas corpus is not available as a substitute for post-conviction relief under Rule 3.850 Fla. R.Crim. P.”); see also Williams v. State, 840 So. 2d 439 (Fla. 5th DCA 2003); Carter v. State, 824 So. 2d 1043 (Fla. 3d DCA 2002); Bryant v. State, 780 So. 2d 978 (Fla. 5th DCA), review denied, 791 So. 2d 1095 (Fla.2001). Collins has not alleged that based on the claims raised in his petition, a motion under rule 3.850 would be inadequate to test the legality of his detention.2 The courts generally agree tha…
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Curry v. State, 846 So. 2d 1189 (Fla. 5th DCA 2003)…, 32 (Fla. 4th DCA 1995) (rule 3 motions completely supersede habeas corpus motions as the means of collateral attack of a judgment and sentence). The proper venue for such a motion is where the conviction and sentence were imposed. Bryant v. State, 780 So. 2d 978 (Fla. 5th DCA 2001). Furthermore, Curry has cited no case law requiring the trial court to transfer a petitioner’s case to the proper venue, and we have found no legal authority imposing a duty on the trial court to transfer a case such as the insta…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996)
- Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997)
- Patterson v. State, 664 So. 2d 31 (Fla. 4th DCA 1995)