ANTHONY J. STOKES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The Eleventh Judicial Circuit lacked jurisdiction to consider a habeas corpus petition challenging a conviction, as only the sentencing court has jurisdiction for such claims.
Anthony J. Stokes appealed an order denying his petition for a writ of habeas corpus. Stokes' petition challenged his conviction, not the conditions o…
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Anthony J. Stokes appeals a final order denying his petition for writ of habeas corpus. Because we find that the Eleventh Judicial Circuit lacked jurisdiction to consider the claim raised in Stokes’ habeas petition, we affirm the denial without prejudice for Stokes to seek appropriate relief in the Seventeenth Judicial Circuit.
As this Court explained in Brinson v. State, 988 So.2d 665, 665-66 (Fla. 3d DCA 2008) (quoting Broom v. State, 907 So.2d 1261, 1262 (Fla. 3d DCA 2005)) (citations omitted):
The circuit court of the county in which a defendant is incarcerated has jurisdiction to consider a petition for writ of habeas corpus when the claims raised in the petition concern issues regarding his incarceration, but not when the claims attack the validity of the judgment or sentence. Only the court in which the defendant was convicted and sentenced has jurisdiction 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.
Because Stokes challenges his conviction and not the conditions of his imprisonment, we affirm the trial court’s order without prejudice. “Post-conviction challenges must be pursued in the circuit court where the conviction was obtained.” Brinson, 988 So.2d at 666. Any challenge by Stokes to his conviction or sentence pursu*426ant to Rule 3.800 or Rule 3.850, Florida Rules of Criminal Procedure, should be brought in the Seventeenth Judicial Circuit, where Stokes was convicted and sentenced.
Affirmed without prejudice.
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Torres v. State, 208 So. 3d 831 (Fla. 1st DCA 2017)…Fla. 3d DCA 2015) (“[T]he court of conviction has jurisdiction over Baker’s habeas petition because the petition challenges the sufficiency of the charging document which amounts to a collateral attack on Baker’s 1996 conviction.”); Stokes v. State, 3 So. 3d 425, 425 (Fla. 3d DCA 2009) (noting that a circuit court of the county in which a defendant is incarcerated has jurisdiction to consider a petition for writ of habeas corpus when the claims raised in the petition concern issues regarding his incarcerati…
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Fidel Perez Goni v. State, 141 So. 3d 210 (Fla. 3d DCA 2014)…PER CURIAM. Affirmed. See Stokes v. State, 3 So. 3d 425 (Fla. 3d DCA 2009); Brinson v. State, 988 So. 2d 665, 665-66 (Fla. 3d DCA 2008).…
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Brown v. State, 140 So. 3d 651 (Fla. 3d DCA 2014)…PER CURIAM. We affirm the order denying Michael Brown’s petition for writ of habeas corpus without prejudice to him refiling it in the proper venue and in the proper form. See Stokes v. State, 3 So. 3d 425 (Fla. 3d DCA 2009); Cooper v. State, 970 So. 2d 368 (Fla. 3d DCA 2007).…
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
- Broom v. State, 907 So. 2d 1261 (Fla. 3d DCA 2005)
- Brinson v. State, 988 So. 2d 665 (Fla. 3d DCA 2008)