JERRY THOMAS BAKER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Baker appeals a venue transfer order transferring his habeas corpus petition from Monroe County (where he was convicted) to Leon County. The Third District Court of Appeal reverses, holding that the trial court has jurisdiction over habeas petitions challenging the validity of a conviction, even when the petitioner is incarcerated elsewhere.
The Monroe County Circuit Court, as the trial court of conviction, has jurisdiction over habeas petitions that challenge the validity of the conviction, regardless of where the petitioner is incarcerated. The general rule that habeas petitions should be filed where the defendant is detained has an exception when the petition attacks the validity of the conviction itself.
[1] A petition for writ of habeas corpus challenging the sufficiency of a charging document constitutes a collateral attack on the underlying conviction.
[2] Jurisdiction for a habeas corpus petition that collaterally attacks a conviction lies with the trial court that imposed the sentence and rendered the judgment of convicti…
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Join FLexlaw to unlock all legal intelligence“The Monroe County Circuit Court, the court of conviction, has jurisdiction over Baker's habeas petition because the petition challenges the sufficiency of the charging document which amounts to a collateral attack on Baker's 1996 conviction.”
Establishes the core holding that conviction courts retain jurisdiction over habeas petitions attacking conviction validity
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Join FLexlaw to unlock all legal intelligenceBaker was convicted of armed robbery in Monroe County in 1996 and sentenced to life in prison. He is currently incarcerated at Apalachee Correctional …
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ON MOTION FOR REHEARING
Upon consideration of Appellant’s motion for rehearing, the court withdraws its opinion of December 31, 2014, replacing it with the opinion which follows. We deny rehearing and certification in all other respects.
Jerry Thomas Baker (Baker), appeals from an order of the Monroe County Circuit Court that transferred his petition for writ of habeas corpus to the Leon County Circuit Court. We vacate the order transferring venue and remand to the Monroe County Circuit Court for further proceedings.
I. Background
In 1995, Baker was charged in Monroe County with, inter alia, armed robbery. After a jury trial, in 1996, Baker was found guilty and sentenced to life in prison. At all times pertinent to this appeal, Baker has been incarcerated at the Apalachee Correctional Institution East located in Jackson County.
*39Since his conviction, Baker has filed a direct appeal of his conviction and a multitude of post-conviction motions and habeas petitions — all of which were affirmed, denied, or dismissed without published opinion.1
On December 11, 2013 — more than fifteen years after a mandate was issued upon Baker’s unsuccessful direct appeal— Baker filed a petition for writ of habeas corpus in the Monroe County Circuit Court challenging the charging document associated with his 1996 conviction. There is no allegation of newly discovered evidence in the petition.
Without ruling on the merits of Baker’s petition, on January 24, 2014, the Monroe County Circuit Court transferred Baker’s petition to the Second Judicial Circuit in Leon County.2
The Leon County Circuit Court reviewed Baker’s petition, determined that Baker was actually attempting to collaterally attack the underlying conviction, and, on February 11, 2014, dismissed Baker’s petition. In its order of dismissal, the Leon County Circuit Court determined that it lacked jurisdiction to adjudicate Baker’s claims seeking post-conviction relief.
Baker then filed the instant appeal seeking review of the Monroe County Circuit Court’s January 24, 2014 order transferring venue. Baker argues that the Monroe County Circuit Court has jurisdiction over his habeas petition.
II. Analysis
Baker is correct. The Monroe County Circuit Court, the court of conviction, has jurisdiction over Baker’s habeas petition because the petition challenges the sufficiency of the charging document which amounts to a collateral attack on Baker’s 1996 conviction. See Richardson v. State, 918 So.2d 999, 1001 (Fla. 5th DCA 2006) (“[T]he general rule [is] that a petition for writ of habeas corpus should be filed in the circuit court where the defendant is detained .... But there is an exception ... ‘[w]hen a petitioner attacks the validity of the conviction ... jurisdiction in habeas proceedings lies with the trial court that imposed the sentence and rendered the judgment of conviction.’ ”) (citation omitted).
Accordingly, we vacate the trial court’s January 24, 2014 order transferring venue, and remand to the Monroe County Circuit Court for further proceedings.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Torres v. State, 208 So. 3d 831 (Fla. 1st DCA 2017)
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Shird T. Myrick v. Inch, 303 So. 3d 269 (Fla. 2d DCA 2020)…consider the discrete issue of transferring a habeas petition from one county to another. See, e.g., Torres v. State, 208 So. 3d 831, 831-32 (Fla. 1st DCA 2017) (reviewing transfer order without stating a basis for jurisdiction); Baker v. State, 164 So. 3d 38, 38-39 (Fla. 3d DCA 2015) (reviewing transfer order as a nonfinal, appealable order concerning venue); Harris v. State, 133 So. 3d 1169, 1170-71 (Fla. 3d DCA 2014) (reviewing transfer order as a nonfinal, appealable order regarding venue); Willia…
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Hutchinson v. State, 249 So. 3d 1327 (Fla. 1st DCA 2018)…h County in the Thirteenth Circuit for its * See Clark v. State, 783 So. 2d 967 (Fla. 2001); V.A. v. State, 819 So. 2d 847 (Fla. 3d DCA 2002). consideration of the petition. See Torres v. State, 208 So. 3d 831 (Fla. 1st DCA 2017); Baker v. State, 164 So. 3d 38 (Fla. 3d DCA 2015). In Torres and Baker, the petitioner challenged the sufficiency of the charging document. These cases are therefore distinguishable from the case on which the trial court relied, Gill v. Jones, 204 So. 3d 459 (Fla. 4th DCA 2016),…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)
- Stovall v. Sergeant William Cooper, 860 So. 2d 5 (Fla. 2d DCA 2003)
- Barber v. State, 661 So. 2d 355 (Fla. 3d DCA 1995)