ROBERT MCLEVY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Collateral Attack On Conviction cases and more on FLexlaw
BROWNING, J.
Robert McLevy (Appellant) was convicted in 1998 of four counts of capital sexual battery and was sentenced in Clay County (the Fourth Judicial Circuit).
In 2000, while incarcerated in Jackson County, he filed a petition for writ of habeas corpus in the circuit court for Jackson County (the Fourteenth Judicial Circuit) challenging his conviction and sentence on the ground that he had been convicted under a statute he claimed is unconstitutional. The court in Jackson County denied the petition on the grounds that under the reasoning of Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996), the circuit court for Jackson County has no jurisdiction to review the legality of a Clay County conviction; and a habeas petition may not be used to make a collateral attack upon the conviction. See Finley v. State, 394 So. 2d 215, 216 (Fla. 1st DCA 1981) (“[T]he remedy of habeas corpus is not available as a substitute for post-conviction relief under Rule 3.850, Fla. R.Crim. P.”); see also Frederick v. State, 714 So. 2d 1043 (Fla. 4th DCA 1998).
We AFFIRM the order denying the petition, without prejudice to Appellant to seek the proper remedy in the appropriate circuit court.
ERVIN and MINER, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007)…ich 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. 4th DCA 1998) (stating “[hjabeas petitions directed to t…
-
Heldrado Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010)…n sought because it lacked jurisdiction to review the sentence entered by the Seventeenth Judicial Circuit Court. See, Fla. R.Crim. P. 3.800(a) (“A court may at any time correct an illegal sentence imposed by if.” (emphasis added)); McLevy v. State, 787 So. 2d 194 (Fla. 1st DCA 2001)(affirming dismissal of petition for writ of habeas corpus challenging conviction and sentence, without prejudice to Appellant’s ability “to seek the proper remedy in the appropriate circuit court.”). Likewise, the trial court co…
-
Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)…t in the circuit court for the county where the trial occurred.”), review denied, 728 So. 2d 201 (Fla.1998); McLeroy v. State, 704 So. 2d 151 (Fla. 5th DCA 1997); Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996); see also McLevy v. State, 787 So. 2d 194 (Fla. 1st DCA 2001). The instant case [*1246] comes within this exception. Because Collins takes issue with the voluntariness of his plea and the effectiveness of his trial counsel, the trial court did have jurisdiction to hear the petition. McLeroy…
Previewing 3 of 6 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)
- Earnest James Finley v. State, 394 So. 2d 215 (Fla. 1st DCA 1981)
- Frederick v. State, 714 So. 2d 1043 (Fla. 4th DCA 1998)