DAVID I. EPPS, APPELLANT,
v.
WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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Appellant argues that his sentence is illegal and, accordingly, that his petition for writ of habeas corpus must be granted to correct a manifest injustice. Because the petition was not filed in the sentencing court, the circuit court lacked jurisdiction to address his claim on the merits. See Crockett v. Singletary, 723 So.2d 911, 912 (Fla. 1st DCA 1999). Accordingly, we affirm the dismissal of Appellant’s petition for writ of habeas corpus, which was without prejudice to his right to seek relief in the sentencing court. See Zuluaga v. State, Department of Corrections, 32 So.3d 674 (Fla. 1st DCA 2010) (affirming the dismissal of a petition 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, *92426 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, LEWIS, and ROBERTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Terronious D. Dixon v. State, 110 So. 3d 915 (Fla. 1st DCA 2013)…PER CURIAM. Because appellant’s petition for writ of habeas corpus was not filed in the sentencing court, the trial court lacked jurisdiction to address it. See, e.g., Epps v. McNeil, 37 So. 3d 923, 923 (Fla. 1st DCA 2010); Zuluaga v. State, Dep’t of Corrs., 32 So. 3d 674, 677 (Fla. 1st DCA 2010). We affirm the trial court’s denial of the petition on that basis, without prejudice to appellant’s [*916] right to file a proper post-conviction mot…
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Williams v. Hicks (Fla. 1st DCA 2020)
Authorities Cited
- Heldrado Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010)
- Davis v. State, 26 So. 3d 647 (Fla. 2d DCA 2010)
- Crockett v. Singletary, 723 So. 2d 911 (Fla. 1st DCA 1999)