SIDNEY DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Sidney Davis appeals the denial of his habeas corpus petition seeking release from a life sentence imposed for second-degree burglary in 1976. The court reverses and remands, directing that Davis's challenge be reframed as a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) in the sentencing court, as Davis appears to have received a life sentence exceeding the statutory maximum for the offense of conviction.
The court reverses and holds that Davis's claim must be raised by motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) in the circuit court of Escambia County (the sentencing court), not by habeas corpus petition in the county of imprisonment. While habeas corpus may be available in limited circumstances, it is not a substitute for appropriate postconviction motions in the sentencing court.
[1] A petition for writ of habeas corpus filed in the county of incarceration is not a substitute for challenging sentences by appropriate postconviction motions filed in the…
[2] A claim that an imposed sentence exceeds the statutory maximum for the offense must be raised by a motion to correct an illegal sentence filed in the sentencing court.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“on the face of this court's record it appears that Mr. Davis is serving a life sentence for a second-degree felony and that he has been in prison for this second-degree felony for more than thirty years.”
Establishes the core legal problem: a life sentence that appears to exceed the statutory maximum for the offense of conviction.
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Join FLexlaw to unlock all legal intelligenceDavis was charged in 1976 with three counts: burglary (second-degree felony under Fla. Stat. § 810.02(3)), sexual battery (first-degree felony), and p…
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Sidney Davis appeals the denial of his petition for a writ of habeas corpus seeking an immediate release from prison. We reverse and remand with directions for the circuit court of the Sixth Judicial Circuit for Pasco County to transfer the petition to the circuit court of the First Judicial Circuit for Escambia County as a motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Although there may be some explanation, on the face of this court’s record it appears that Mr. Davis is serving a life sentence for a second-degree felony and that he has been in prison for this second-degree felony for more than thirty years.
Our record is limited to the exhibits attached to Mr. Davis’s petition for writ of habeas corpus. The documents, however, appear to be accurate copies of the information and the judgment and sentence from his 1976 criminal case, which were filed in the circuit court in Escambia County. The information, dated May 11, 1976, contains three counts. Count I alleges burglary in violation of section 810.02(3), Florida Statutes (1975), which was a second-degree felony in 1976. Count II is sexual battery in violation of section 794.011(3), Florida Statutes (1975), which was a first-degree felony, punishable by life in prison. Count III is petit theft of a pack of cigarettes and an “undetermined amount of pennies.” The judgment and sentence, dated November 19, 1976, state that he has been convicted of “burglary,” “sexual battery,” and “petit theft.” The sentences imposed, respectively, are life, 20 years’ imprisonment, and 60 days in the county jail, all concurrent. The only sentence that has not expired at this time is the life sentence for burglary.
It is apparent from our record that the State could have charged Mr. Davis with burglary with an assault in 1976 under section 810.02(2), which was a first-degree felony punishable by life, or the trial judge could have imposed a life sentence for the sexual battery. It does not appear, however, that either of these options occurred. On the face of our record, Mr. Davis simply appears to have received an illegal sentence for a burglary for which he was charged and convicted under section 810.02(3). See Helmick v. State, 569 So.2d 869 (Fla. 2d DCA 1990) (holding that it is fundamental error to enhance a conviction when the count of the information charging the offense does not allege the en*649hancement, even though another count of the same information charging a different offense committed in the same criminal episode alleges the enhancement); Colwell v. State, 448 So.2d 540, 541 (Fla. 5th DCA 1984) (holding that “[e]ach count of an information stands on its own, is the only vehicle by which the court obtains its jurisdiction[,] and is a limit upon that jurisdiction”).
Our record contains an order from the circuit court in Escambia County, which would suggest that Mr. Davis has filed one or more motions in an effort to obtain postconviction relief in the court where he was sentenced. The order that we have, dated January 18, 2008, refused to address Mr. Davis’s claim as a motion pursuant to rule 8.800(a) and treated it as an untimely motion pursuant to rule 3.850. The order further indicates that relief, if available, would be by habeas corpus in the county where Mr. Davis is incarcerated.
The order dated January 18, 2008, is confusing to this court because it states:
Defendant is not arguing that a sentence of life cannot be imposed on one convicted of burglary of an occupied dwelling with a weapon, rather he is arguing that he was not convicted of burglary of an occupied dwelling with a weapon. Such challenges would be properly raised in a motion for postconviction relief pursuant to Florida Rule of Criminal Proeedui’e 3.850, not in a Motion to Correct Illegal Sentence.
Perhaps the circuit court in Escambia County has an amended information or another judgment and sentence. The documents filed in this court do not have an information charging burglary with a weapon. We do not have a judgment of conviction for that offense. We have an information charging a second-degree felony, a conviction for that felony, and then, oddly, a life sentence for a second-degree felony.
This court is now reviewing Mr. Davis’s case because Mr. Davis was and currently still is imprisoned in Pasco County, which is within the territorial jurisdiction of this court. Mr. Davis followed the suggestion of the circuit court in Escambia County and filed his challenge to his sentence as a petition for habeas corpus in Pasco County, attaching the documents we have described in this opinion. The circuit court in Pasco County denied his petition with no explanation beyond the word, “denied,” so we do not have the benefit of that court’s analysis.1 We, of course, understand that the circuit court in Pasco County had limited authority under a petition for habeas corpus and that it could review only to determine “whether the court that entered the order was without jurisdiction to do so or whether the order is void or illegal.” Alachua Reg’l Juvenile Detention Ctr. v. T.O., 684 So.2d 814, 816 (Fla.1996).
It is true that in Cochran v. State, 899 So.2d 490 (Fla. 2d DCA 2005), this court ordered a resentencing in similar circumstances. However, Mr. Cochran had committed his criminal offenses in Sarasota County, which is located within this court’s territorial jurisdiction, allowing this court to determine the level of felony for his conviction and the applicable statutory maximum.
It seems clear in this case that the circuit court in Escambia County had juris*650diction over Mr. Davis’s case in 1976. We are unconvinced that either the circuit court in Pasco County or this court could declare Mr. Davis’s sentence for burglary to be “void.” We do not interpret the word “illegal” in T.O. to give all custodial circuit courts jurisdiction to conduct proceedings to determine whether sentences are “illegal,” given that the sentencing court in each case retains jurisdiction to conduct such a review under rule 3.800(a) “at any time.”
Our recent opinion in Stang v. State, 24 So.3d 566 (Fla. 2d DCA 2009), does not hold otherwise and is distinguishable. In Stang, this court determined that an amended sentence imposed by the circuit court in Palm Beach County, which authorized Stang’s incarceration, was void and that enforcement of the sentence as originally imposed in Palm Beach County entitled Stang to an immediate release from his imprisonment in Polk County. Id. The circumstances justifying the use of a writ of habeas corpus in such a fashion are very limited, and a habeas petition filed in the county of imprisonment is not a substitute for challenging sentences by appropriate postconviction motions filed in the county of sentencing. See Broom v. State, 907 So.2d 1261 (Fla. 3d DCA 2005).
At this point, over thirty years after the imposition of the life sentence, we conclude that Mr. Davis’s claim that the imposed life sentence exceeds the statutory maximum sentence for the second-degree felony must be raised by a Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence filed in the circuit court for Escambia County. Such a motion would not appear to be successive, given that the last order from Escambia County refused to consider his claim under that rule. Obviously, relief may be granted to correct a manifest injustice even if the circuit court has previously denied a claim on its merits. See Eason v. State, 932 So.2d 465 (Fla. 1st DCA 2006).
Accordingly, we reverse the order of the circuit court of the Sixth Judicial Circuit in Pasco County denying Mr. Davis’s petition for a writ of habeas corpus and direct that the petition be transferred to the circuit court of the First Judicial Circuit in Es-cambia County as a motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). See Bush v. State, 945 So.2d 1207, 1215 (Fla.2006).
Reversed and remanded with directions.
CASANUEVA, C.J, and VILLANTI, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Buss v. Reichman, 53 So. 3d 339 (Fla. 4th DCA 2011)…e 3.850(f) or (b) or transferred to the sentencing court for consideration under rule 3.850 or 3.800(a). Batista v. State, 993 So. 2d 93, 95 (Fla. 5th DCA 2008); Richardson v. State, 918 So. 2d 999, 1001 (Fla. 5th DCA 2006); see also Davis v. State, 26 So. 3d 647 (Fla. 2d DCA 2010) (recognizing that a challenge to the legality of a sentence could not be raised in a habeas corpus petition and had to be raised in a rule 3.800(a) motion filed in the sentencing court and directing the lower court to transfer the…
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Garcia v. State, 69 So. 3d 1003 (Fla. 3d DCA 2011)…not appeal from that order. Rule 3.800, however, allows a court to correct an illegal sentence “at any time.” Florida courts have held that the phrase “at any time” allows defendants to file successive motions under rule 3.800. See Davis v. State, 26 So. 3d 647 (Fla. 2d DCA 2010); Raley v. State, 675 So. 2d 170, 173 (Fla. 5th DCA 1996); Barnes v. State, 661 So. 2d 71, 71 (Fla. 2d DCA 1995). While rule 3.800(a) does not prohibit successive motions, a defendant is not entitled to successive review of a speci…
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Epps v. McNEIL, 37 So. 3d 923 (Fla. 1st DCA 2010)…ition for writ of habeas corpus where the petitioner challenged the legality of his sentence and the circuit court’s dismissal was without prejudice to the petitioner’s right to seek proper relief in the sentencing court); cf. Davis v. State, [*924] 26 So. 3d 647, 650 (Fla. 2d DCA 2010) (reversing and remanding for transfer where the circuit court denied an apparently meritorious petition for writ of habe-as corpus without indicating that it could be re-filed in the appropriate court). AFFIRMED. WEBSTER,…
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
- Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)
- Alachua Reg'l Juv. Detention Ctr. v. T.O., 684 So. 2d 814 (Fla. 1996)
- Broom v. State, 907 So. 2d 1261 (Fla. 3d DCA 2005)
- Helmick v. State, 569 So. 2d 869 (Fla. 2d DCA 1990)
- Stang v. State, 24 So. 3d 566 (Fla. 2d DCA 2009)
- Colwell v. State, 448 So. 2d 540 (Fla. 5th DCA 1984)
- Cochran v. State, 899 So. 2d 490 (Fla. 2d DCA 2005)
- Jeromy Bautz v. State, 932 So. 2d 465 (Fla. 4th DCA 2006)
- Walters v. State, 994 So. 2d 1230 (Fla. 2d DCA 2008)