ANTWYAN M. DORN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Antwyan Dorn appealed the denial of his habeas corpus petition filed in Miami-Dade County, where he is incarcerated. The court held that because Dorn's claims attack the validity of his underlying conviction rather than the legality of his current incarceration, only the Volusia County circuit court where he was convicted has jurisdiction to consider such collateral attacks.
The trial court correctly determined it lacked jurisdiction to consider Dorn's petition because claims attacking the validity of a judgment or sentence must be brought in the court where the defendant was convicted and sentenced, not in the county of incarceration. Such collateral attacks must be brought pursuant to Rule 3.800 or 3.850, not by habeas corpus petition.
[1] A circuit court lacks jurisdiction to consider a petition for writ of habeas corpus when the claims raised in the petition attack the validity of the underlying judgment…
[2] Only the court in which a defendant was convicted and sentenced has jurisdiction to consider collateral attacks on a judgment or sentence.
Previewing 2 of 4 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“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.”
Establishes the jurisdictional distinction between habeas petitions addressing incarceration conditions versus those attacking conviction validity
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Join FLexlaw to unlock all legal intelligenceDorn is incarcerated in a facility in Miami-Dade County and filed a petition for writ of habeas corpus alleging his incarceration is illegal and seeki…
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Antwyan Dorn appeals from the trial court’s order denying his petition for writ of habeas corpus. In his petition, Dorn alleged his incarceration is illegal and that he is entitled to immediate release. The gravamen of his claim, however, is an attack on the validity of the underlying conviction, rather than the legality of his current incarceration. Although Dorn is currently incarcerated in a facility located in Miami-Dade County, the underlying prosecution, and the subsequent conviction and sentence, occurred in Volusia County. As we have previously explained:
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 *563has 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.
Broom v. State, 907 So.2d 1261, 1262 (Fla. 3d DCA 2005) (citations omitted).
The trial court correctly determined that it lacked jurisdiction to consider the claim raised in Dorn’s petition. Although the trial court denied (rather than dismissed) the petition,1 we affirm the denial for purposes of judicial economy. Richardson, 918 So.2d at 1004. In so doing, we note that the trial court’s order was not a merits determination, and our affirmance is without prejudice for Dorn to seek appropriate relief in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County.
Affirmed without prejudice to petitioner seeking appropriate relief in the Circuit Court of the Seventh Judicial Circuit in and for Volusia County.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Peoples v. State, 260 So. 3d 365 (Fla. 3d DCA 2018)…h County, it was without jurisdiction to address the merits of the petition, and should have dismissed the petition without prejudice to refiling it in the court having jurisdiction, or transferred the petition to that court. See Dorn v. State, 156 So. 3d 562 (Fla. 3d DCA 2015). As this court observed in Broom v. State, 907 So. 2d 1261, 1262 (Fla. 3d DCA 2005): The circuit court of the county in which a defendant is incarcerated has jurisdiction to consider a petition for writ of habeas corpus when th…
Authorities Cited
- Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)
- Broom v. State, 907 So. 2d 1261 (Fla. 3d DCA 2005)