HAROLD R. SHERIFF, APPELLANT,
v.
MICHAEL W. MOORE, ET AL., APPELLEE
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PER CURIAM.
Harold Sheriff, the appellant, seeks review of a denial of his petition for writ of habeas corpus for lack of jurisdiction. The Bay County circuit court denied the petition because the appellant was incarcerated in Jackson County when he filed the petition. However, the circuit court in the county where the appellant is detained does not have jurisdiction to review a plea from a differing county. See Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996). Thus, as the appellant attacked his plea in his petition, the trial court incorrectly denied the petition for lack of jurisdiction.
In any event, the appellant’s petition for writ of habeas corpus should have been denied. The issues raised in the petition could have and should have been made on direct appeal. See Dennis v. State, 769 So. 2d 511(Fla. 5th DCA 2000); Hendrix v. Pingree, 381 So. 2d 334 (Fla. 1st DCA 1980). Furthermore, the appellant raises arguments on events occurring before entry of his plea. Therefore, the appellant is precluded from raising these arguments in a petition for habeas corpus. See Stano v. State, 520 So. 2d 278, 280 (Fla.1988); Parker v. State, 603 So. 2d 616 (Fla. 1st DCA 1992).
AFFIRMED.
ERVIN, WEBSTER and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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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…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stano v. State, 520 So. 2d 278 (Fla. 1988)
- Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996)
- Parker v. State, 603 So. 2d 616 (Fla. 1st DCA 1992)
- Hendrix v. Pingree, 381 So. 2d 334 (Fla. 1st DCA 1980)
- Dennis v. State, 769 So. 2d 511 (Fla. 5th DCA 2000)
- Berg v. State, 769 So. 2d 511 (Fla. 5th DCA 2000)