JOEL BORINSTEIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the denial of the petition for habeas corpus, agreeing that it was not the proper remedy for the claims raised.
Borinstein, convicted of murder and sentenced to life, sought habeas corpus relief, arguing his charging information was void. The circuit court denie…
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Borinstein appeals from the denial of his petition for habeas corpus by the circuit court in the Fifth Judicial Circuit in Marion County, Florida, where he is incarcerated, after having been convicted of murder and sentenced to life with a 25-year minimum mandatory sentence. He was tried, convicted and sentenced in Okeechobee County, in the 19th Judicial Circuit, and his appeal was affirmed per curiam by the Fourth District Court of Appeal.1 We affirm.
The circuit court below ruled that the argument presented in Borinstein’s petition lacked merit. In his petition, Borin-stein claims the information that charged him with murder lacked a crucial element and thus was void and failed to charge him with a crime under this state’s criminal code. It also ruled that habeas corpus is not an available remedy to obtain collateral post-conviction relief, which can only be obtained by filing an appropriate and timely motion pursuant to Florida Rule of Criminal Procedure 3.850 or 3.800, in the sentencing court — not the court located in the circuit in which the petitioner is being held in custody.
We concur with the later reason. See Baker v. State, 878 So. 2d 1236 (Fla.2004); Washington v. State, 876 So. 2d 1233 (Fla. 5th DCA 2004); Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003). We also caution Borinstein against filing successive petitions and motions seeking to raise this same issue.2 Borinstein previously filed a similar habeas petition in the 19th Judicial Circuit, which was denied on January 9, 2004, on the merits.
AFFIRMED.
MONACO and TORPY, JJ., concur. . Borinstein v. State, 613 So. 2d 39 (Fla. 4th DCA 1993).
. See Steele v. State, 859 So. 2d 524 (Fla. 5th DCA 2003); Harvey v. State, 836 So. 2d 1102 (Fla. 5th DCA 2003); Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998).
Cases With Similar Vibessemantic neighbors from the corpus
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Broom v. State, 907 So. 2d 1261 (Fla. 3d DCA 2005)…urisdiction to consider collateral attacks on a judgment or sentence, and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus. See Baker v. State, 878 So. 2d 1236 (Fla.2004); Borinstein v. State, 893 So. 2d 687, 688 (Fla. 5th DCA 2005). Therefore, the Miami-Dade Circuit Court did not have jurisdiction to decide [*1263] the collateral attacks raised in the defendant’s petition. Only the Pinellas County Court, where the defendant was convicted and sentenced…
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Galloway v. State, 931 So. 2d 136 (Fla. 5th DCA 2006)…trial or propriety of a plea, jurisdiction in habeas corpus proceedings lies with the trial court that rendered the [*137] judgment of conviction. Collins v. State, 859 So. 2d 1244, 1245 (Fla. 5th DCA 2003). In a similar case, Borinstein v. State, 893 So. 2d 687 (Fla. 5th DCA 2005), this court ruled that habeas is not an available remedy to obtain collateral post conviction relief. It must be obtained by filing an appropriate and timely motion pursuant to either Rule 3.850 or 3.800 in the sentencing court —…
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Peoples v. State, 260 So. 3d 365 (Fla. 3d DCA 2018)…determinations of successiveness, untimeliness, and abuse of the writ were correct; we merely hold that the trial court was without jurisdiction to reach these issues. ---PAGE 4--- Baker v. State, 878 So. 2d 1236 (Fla. 2004); Borinstein v. State, 893 So. 2d 687, 688 (Fla. 5th DCA 2005). We therefore reverse the order denying the petition for writ of habeas corpus and remand with directions to transfer the petition to the Circuit Court of the Thirteenth Judicial Circuit, Hillsborough County, Florida.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)
- Harvey v. State, 836 So. 2d 1102 (Fla. 5th DCA 2003)
- Steele v. State, 859 So. 2d 524 (Fla. 5th DCA 2003)
- Washington v. State, 876 So. 2d 1233 (Fla. 5th DCA 2004)