JEFFREY H. VAN POYCK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2011-02-02
No. 3D10-2115
Before RAMIREZ, C.J., and GERSTEN and LAGOA, JJ.
54 So. 3d 567 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal of an order denying a “Petition Seeking Compensation for Wrongful Incarceration.” The trial court dismissed the petition stating that Jeffrey H. Van Poyck had to initiate the application process for compensation with the Department of Legal Affairs pursuant to section 961.06(2). Thus, the petition was filed in the wrong jurisdiction. However, before such a petition may be filed, the petitioner must first establish that he was a “wrongfully incarcerated person” by filing a petition “with the original sentencing court” pursuant to section 961.03. Although the caption of the petition improperly delineated the relief sought, in the “wherefore” clause, Van Poyck properly requested a finding of whether he was a “wrongfully incarcerated person.” We therefore reverse and remand for the trial court to make such a determination.

Reversed and remanded.

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  • Scotty Bartek v. State, 198 So. 3d 1009 (Fla. 5th DCA 2016)
    …iewed Bartek’s other claims of error and find them to be without merit. AFFIRMED. TORPY and LAMBERT, JJ., concur. . Jurisdiction is proper pursuant to rule 9.030(b)(1)(A) of the Florida Rules of Appellate Procedure, See, e.g., Van Poyck v. State, 54 So. 3d 567 (Fla. 3d DCA 2011); Fessenden v. State, 52 So. 3d 1 (Fla. 2d DCA 2010).…

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