STEPHEN J. MILLER, II, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Stephen J. Miller has appealed an order of the circuit court sitting in its appellate capacity which affirmed a decision of the county court. Miller’s remedy is certiorari, rather than appeal, and we sua sponte convert the appeal to a certiorari proceeding. However, our certiorari jurisdiction must be invoked within 30 days of rendition of the order sought to be reviewed. Fla. R.App. P. 9.100(c)(1). The circuit court’s opinion was rendered on October 26, 2000, and the notice of appeal was not filed until December 14, 2000. In response to a show cause order on jurisdiction, Miller argues the time for invoking this court’s jurisdiction should begin to run when the circuit court issued its mandate. That same argument, however, was recently rejected by this court. Jones v. Cannon, 750 So. 2d 108 (Fla. 1st DCA 1999). Accordingly, this proceeding is hereby dismissed for lack of jurisdiction.
DISMISSED.
BARFIELD, C.J., ALLEN and BROWNING, JJ., concur.
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Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007)…it of habeas corpus could be filed in the circuit in which the judgment was entered as a method to challenge collaterally the criminal judgment on broader grounds. Collins v. State, 859 So. 2d 1244, 1245 (Fla. 5th DCA 2003) (citing Sheriff 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. 4t…
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Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)…conviction by raising issues relating to 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.” 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); McLe…
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Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)…e validity of the conviction by raising issues relating to 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); McLe…
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- Jones v. Cannon, 750 So. 2d 108 (Fla. 1st DCA 1999)