EDWARD VALE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Edward J. Vale appeals the denial of his petition for writ of habeas corpus filed in the circuit court of Brevard County. When a petitioner, such as Vale, attacks the validity of the convictidn by raising issues relating to the trial, or to the propriety of a plea, jurisdiction for habeas proceedings rests with the triál court that imposed the sentence and rendered the judgment of conviction. Collins v. State, 859 So. 2d 1244, 1245-46 (Fla. 5th DCA 2008). As Vale’s petition for writ of habe-as corpus attacked his Seminole County conviction, his habeas proceeding should have been filed with that court. Accordingly, we affirm the dismissal of Vale’s habeas corpus petition without prejudice to refile in Seminole County.
AFFIRMED.
THOMPSON, ORFINGER and TORPY, JJ., concur.
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Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007)…State, 947 So. 2d 1192, 1193 (Fla. 3d DCA 2007) (stating defendant required to file petition attacking the validity of judgment in circuit that imposed the sentence) (citing Calloway v. State, 699 So. 2d 849, 850 (Fla. 3d DCA 1997)); Vale v. State, 946 So. 2d 104, 104 (Fla. 5th DCA 2007) (explaining "jurisdiction for habeas proceedings rests with the trial court that imposed the sentence and rendered the judgment of conviction”); Richardson v. State, 918 So. 2d 999, 1001 (Fla. 5th DCA 2006). .For example, g…
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Garrick John v. Dep't OF Corr., 124 So. 3d 381 (Fla. 1st DCA 2013)…ng relief under section 57.082(4), Florida Statutes, was insufficient to preserve the issue because it failed to apprise the lower court that appellant was seeking review of the clerk’s determination. We disagree. As we did in Esquivel v. McDonough, 946 So. 2d 104 (Fla. 1st DCA 2007), “[w]e choose to consider the issue pursuant to the rule of lenity.” Id. at 105 n. 1 (citing Cambrick v. State, 593 So. 2d 613 (Fla. 2d DCA 1992) (observing that the pleadings of pro se inmates should be viewed with leniency)).…
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Vazquez v. State, 948 So. 2d 930 (Fla. 3d DCA 2007)…s of confinement, cannot be maintained in the place of imprisonment. See Murray v. Regier, 872 So. 2d 217 (Fla.2002); Johnson v. State, 947 So. 2d 1192 (Fla. 3d DCA [*931] 2007); Perez v. McDonough, 946 So. 2d 618 (Fla. 1st DCA 2007); Vale v. State, 946 So. 2d 104 (Fla. 5th DCA 2007); Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997). Affirmed.…
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- Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)