JAHZWAH JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court affirmed the trial court's denial of the habeas corpus petition without prejudice, finding it was filed in the incorrect court.
Appellant Johnson pleaded nolo contendere to robbery with a deadly weapon and was sentenced. He is currently incarcerated and sought to attack the val…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Judgment cases and more on FLexlaw
ROTHENBERG, Judge.
The appellant, Jahzwah Johnson (“Johnson”), appeals the denial by the Eleventh Judicial Circuit Court of a petition for writ of habeas. As we conclude that the petition was filed in the incorrect court, we affirm the trial court’s order denying the petition without prejudice, thereby providing Johnson with the opportunity of raising the instant claims in the Twentieth Judicial Circuit Court in Charlotte County, Florida.
On March 2, 2005, Johnson entered a plea of nolo contendere to robbery with a deadly weapon, was adjudicated guilty, and duly sentenced. Johnson, who is currently incarcerated in Miami-Dade County, seeks to attack the validity of the judgment and sentence imposed. While a defendant is required to file a petition for writ of habeas corpus in the circuit where the defendant is incarcerated when the petition involves an issue regarding the prisoner’s incarceration, the converse is true when the petition is based upon the legality of the conviction imposed in another circuit. See Calloway v. State, 699 So. 2d 849, 849-50 (Fla. 3d DCA 1997)(ex-plaining that a circuit court has no jurisdiction to review the legality of a conviction in another circuit); Leichtman v. Singletary, 674 So. 2d 889, 891 (Fla. 4th DCA 1996)(holding that a court from one county does not have jurisdiction to hear a petition collaterally attacking a judgment and sentence from another county).
In affirming the denial of Johnson’s petition filed in the Eleventh Judicial Circuit without prejudice to allow Johnson to seek the appropriate relief in the Twentieth Judicial Circuit, this court does not address nor does it intend to infer that habeas corpus relief is the proper mechanism to raise the claims Johnson has raised herein. To the contrary, it appears that Johnson’s claims are, in fact, claims seeking postcon-viction relief which must be raised pursuant to Rule 3.850, Florida Rules of Criminal Procedure.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007)…JJ., Concur. . These territorial statutes became the law of the State of Florida in 1845 by virtue of article XVII, section 1, of the 1838 Florida Constitution. . See also Vazquez v. State, 948 So. 2d 930, 930 (Fla. 3d DCA 2007); Johnson v. 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 (Fl…
-
Kormen Branch v. State, 990 So. 2d 585 (Fla. 3d DCA 2008)…Seventeenth Judicial Circuit, where Branch was convicted and sentenced, is the appropriate court for Branch to seek relief. Postconviction challenges must be pursued in the court where the defendant was convicted and sentenced. See Johnson v. State, 947 So. 2d 1192 (Fla. 3d DCA 2007). Affirmed without prejudice.…
-
Kai Uwe Thier v. State, 967 So. 2d 259 (Fla. 3d DCA 2007)…PER CURIAM. Because the Miami-Dade Circuit Court properly held that, although the petitioner was imprisoned in the county, it had no jurisdiction by habeas corpus to consider the validity of a Broward County conviction, see Johnson v. State, 947 So. 2d 1192 (Fla. 3d DCA 2007); Broom v. State, 907 So. 2d 1261 (Fla. 3d DCA 2005), the order of denial below is affirmed. Affirmed.…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996)
- Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997)