JOE RAZZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Because appellant is detained in DeSoto County, the circuit court in Okaloosa County lacked authority to rule on appel lant’s petition for writ of habeas corpus. See 79.09, Fla. Stat. (2001); see also Alday v. Singletary, 719 So. 2d 1260 (Fla. 1st DCA 1998). A trial court can convert an improperly filed habeas corpus petition into a rule 3.850 motion. See Pinder v. State, 779 So. 2d 309, 310 (Fla. 2d DCA 1999). However, as appellant’s convictions and sentences became final nine years before he filed his petition, such a motion would be denied as both successive and untimely. See Fla. R.Crim. P. 3.850(b), (f). Therefore, the trial court properly denied appellant’s petition/motion. Accordingly, we affirm the trial court’s order without prejudice to appellant’s right to file an appropriate petition in the proper court.
AFFIRMED.
BROWNING, LEWIS and POLSTON, JJ., concur.
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Nails v. State, 78 So. 3d 13 (Fla. 3d DCA 2011)…s Lee Nails’ petition for habeas corpus without prejudice, as that court has no jurisdiction to consider a judgment and sentence that was not entered in Miami-Dade County. See Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007); Razz v. State, 828 So. 2d 433 (Fla. 1st DCA 2002). Affirmed.…
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Mills v. State, 891 So. 2d 612 (Fla. 2d DCA 2005)…PER CURIAM. We affirm the circuit court’s order dismissing Kenneth Mills’s petition for writ of habeas corpus, without prejudice to any right Mills may have to file a petition in the proper court. See Razz v. State, 828 So. 2d 433 (Fla. 1st DCA 2002). To the extent that the order of dismissal addressed the arguments Mills raised, we strike those rulings. The court had no jurisdiction to reach the merits of the petition. Affirmed. NORTHCUTT, SILBERMAN, and VILLANTI, JJ., c…
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Williams v. State, 977 So. 2d 703 (Fla. 1st DCA 2008)…PER CURIAM. AFFIRMED. See Razz v. State, 828 So. 2d 433 (Fla. 1st DCA 2002). ALLEN, WEBSTER, and PADOVANO, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Glade Corr. Inst. v. Brownell, 719 So. 2d 1260 (Fla. 1st DCA 1998)
- Pinder v. State, 779 So. 2d 309 (Fla. 2d DCA 1999)