CHARLES YOUNG, APPELLANT,
v.
WALTER A. MCNEIL, SECRETARY FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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This is an appeal of an order denying a petition for writ of habeas corpus. In his petition, Charles Young challenged the sufficiency of the evidence to support his conviction for capital sexual battery. The trial court denied the petition, and the defendant has appealed.
In the answer brief, the State argues that we should affirm because the petition was filed in the incorrect court. Although the petitioner is incarcerated in Miami-Dade County, the conviction was imposed by the Circuit Court of the Fifth Judicial Circuit in and for Marion County, Florida. “ ‘[A] circuit court has no jurisdiction to review the legality of a conviction in another circuit....’” Calloway v. State, 699 So.2d 849, 850 (Fla. 3d DCA 1997) (quoting State v. Broom, 523 So.2d 639, 641 (Fla. 2d DCA 1988)); see also Johnson v. State, 947 So.2d 1192, 1192-93 (Fla. 3d DCA 2007). We therefore affirm on the basis that the petition was filed in the wrong court. This ruling is without prejudice to the petitioner to refile in the Fifth Judicial Circuit. We express no opinion on the merits of the petitioner’s claim, nor any opinion on whether habeas corpus is an appropriate remedy under the circumstances of this case.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marylynn Falco v. State, 44 So. 3d 198 (Fla. 4th DCA 2010)…c) motion for reduction and/or mitigation of sentence. Despite the language in the order of dismissal informing appellant that she had thirty days to appeal, there is no right to appeal from the denial of a rule 3.800(c) motion. See Reeves v. State, 23 So. 3d 1263 (Fla. 4th DCA 2009); Howard v. State, 914 So. 2d 455 (Fla. 4th DCA 2005). Accordingly, we dismiss the appeal for lack of jurisdiction. WARNER, POLEN and LEVINE, JJ., concur.…
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Dorsett v. State, 140 So. 3d 706 (Fla. 3d DCA 2014)…ction. When a petitioner attacks the legality of a conviction by raising issues relating to the trial, jurisdiction for habeas proceedings rests with the trial court that rendered the judgment of conviction and imposed sentence. See Young v. McNeil, 23 So. 3d 1263, 1263 (Fla. 3d DCA 2009) (“[A] circuit court has no jurisdiction to review the legality of a conviction in another circuit....”); Calloway v. State, 699 So. 2d 849, 850 (Fla. 3d DCA 1997); see also Nails v. State, 78 So. 3d 13 (Fla. 3d DCA 2011).…
Authorities Cited
- State v. Broom, 523 So. 2d 639 (Fla. 2d DCA 1988)
- Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997)
- Jahzwah Johnson v. State, 947 So. 2d 1192 (Fla. 3d DCA 2007)