DAVID F. GALLOWAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a petition for writ of habeas corpus should have been dismissed on jurisdictional grounds because the petitioner was attacking the validity of his conviction, which requires filing a motion in the sentencing court, not the county of incarceration.
Galloway was convicted of first-degree murder and sentenced to life in prison. He filed a petition for writ of habeas corpus in the county of his inca…
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Galloway appeals from an order dismissing his petition for writ of habeas corpus. We affirm.
The record establishes that Galloway was convicted of first degree murder on September 18, 1998, by a jury and sentenced to life in prison. He is currently incarcerated at Lake Correctional Institution in Lake County. He filed this petition in the Circuit Court for Lake County. However, he was tried and convicted in Pinellas County, and his criminal case was affirmed by the Second District Court of Appeal. Galloway v. State, 787 So. 2d 972 (Fla. 2d DCA 2001).
Galloway claims in his petition that his indictment was fatally defective because it failed to allege that he committed the offense through a premeditated design.1 Thus, it failed to charge him with a crime under Florida law. The Lake County judge ruled that this ground should have been raised on direct appeal or in a prior post-conviction proceeding, not a habeas proceeding.
We agree the petition should have been dismissed, but on jurisdictional grounds. When a petitioner attacks the validity of a conviction by raising issues relating to the trial or propriety of a plea, jurisdiction in habeas corpus proceedings lies with the trial court that rendered the 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 — not the circuit court located in the county in which the petitioner is being imprisoned.
AFFIRM.
PLEUS, C.J. and TORPY, J., concur. . Although the indictment does not use the words "through a premeditated design," it charges that he violated section 782.04(l)(a), which charges first degree, premeditated murder.
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Gisi v. State, 119 So. 3d 534 (Fla. 5th DCA 2013)…DCA 2007). However, a habeas petition attacking the validity of a conviction and asserting issues related to the trial court proceedings, must be brought in the circuit court of the county that rendered the judgment of conviction. Galloway v. State, 931 So. 2d 136, 136-37 (Fla. 5th DCA 2006). Because Gisi’s petition attacks his conviction, the proper court is the Circuit Court of Pinellas County. For these reasons, we dismiss this appeal. APPEAL DISMISSED. TORPY, C.J., and COHEN, J., concur. . Neither part…
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Trammell v. State, 369 So. 3d 1155 (Fla. 2d DCA 2024)
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Jahman Whitfield v. Dep't OF Corr. & State of Fla., 202 So. 3d 116 (Fla. 5th DCA 2016)…ity of the conviction or issues related to the trial court proceedings, it must be brought in the circuit court of the county that rendered the judgment of conviction. Gisi v. State, 119 So. 3d 534, 535 (Fla. 5th DCA 2013) (citing Galloway v. State, 931 So. 2d 136, 136-37 (Fla. 5th DCA 2006)). Although the trial court applied the wrong rationale when it denied Whitfield’s petition, “[a] conclusion or decision of a trial court will generally be affirmed, even when based on erroneous reasoning, if the evidence…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)
- Borinstein v. State, 893 So. 2d 687 (Fla. 5th DCA 2005)
- Galloway v. State, 787 So. 2d 972 (Fla. 2d DCA 2001)