CRAIG ANDRA MOORE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Fifth District Court of Appeal denied Moore's habeas corpus petition for lack of jurisdiction, holding that such petitions must be filed in the appellate district where the trial occurred, not where the defendant is incarcerated.
A habeas corpus petition challenging a judgment and sentence must be filed in the appellate district where the trial occurred, not in the district where the defendant is incarcerated.
[1] A habeas corpus petition challenging a criminal judgment and sentence must be filed in the appellate district where the trial occurred, regardless of where the defendant…
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Join FLexlaw to unlock all legal intelligenceCraig Andra Moore, detained at Tomoka Correctional Institution in the Fifth District, sought habeas corpus relief regarding two criminal cases from Hi…
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PLEUS, J.
Craig Andra Moore seeks a writ of ha-beas corpus. He is presently detained at Tomoka Correctional Institution which is physically located within the jurisdictional boundary of this court. He raises issues regarding two criminal cases out of Hills-borough County, Florida. One issue concerns the charging documents and raises evidentiary issues, despite the fact that he entered guilty pleas in both cases. He also raises collateral issues which could be interpreted as a claim of involuntary plea. Apparently the Hillsborough County Circuit Court has scheduled a 3.850 evidentiary hearing for April 18, 2002 in one of his cases.
Because we lack jurisdiction, the petition is denied. The appropriate court is the Second District Court of Appeal. See McLevy v. State, 787 So. 2d 194 (Fla. 1st DCA 2001) (court in one circuit properly denied habeas challenging judgment and sentence in different circuit because reviewing court lacked jurisdiction); Frederick v. State, 714 So. 2d 1043 (Fla. 4th DCA 1998) (habeas petition based on trial issues must be brought where trial occurred, not where a defendant is incarcerated); McLeroy v. State, 704 So. 2d 151 (Fla. 5th DCA 1997) (petition for habeas corpus alleging ineffective assistance of trial counsel must be filed in court where original sentence imposed, not where defendant is incarcerated).
DENIED.
GRIFFIN and PALMER, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Frederick v. State, 714 So. 2d 1043 (Fla. 4th DCA 1998)
- McLEVY v. State, 787 So. 2d 194 (Fla. 1st DCA 2001)
- McLEROY v. State, 704 So. 2d 151 (Fla. 5th DCA 1997)