JOSE A. TORRES SR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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José A. Torres Sr. appealed an order transferring his habeas corpus petition from the Second Judicial Circuit to the Sixth Judicial Circuit. The First District Court of Appeal affirmed the transfer, holding that the court of conviction (not the court where the defendant is incarcerated) has jurisdiction over habeas petitions challenging the sufficiency of charging documents.
The court of conviction has jurisdiction over habeas petitions challenging the sufficiency of a charging document because such challenges constitute collateral attacks on the conviction itself, not merely on the fact or conditions of incarceration.
[1] A circuit court lacks jurisdiction to consider a petition for writ of habeas corpus when the petition challenges the sufficiency of the charging instrument.
[2] A court of conviction has jurisdiction over a habeas petition that challenges the sufficiency of the charging document as a collateral attack on the conviction.
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Join FLexlaw to unlock all legal intelligence“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 controlling principle that the court where the conviction was entered, not the court where the defendant is incarcerated, has jurisdiction over habeas petitions challenging charging document sufficiency.
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Join FLexlaw to unlock all legal intelligenceTorres filed a petition for writ of habeas corpus challenging the sufficiency of the charging instrument in his case. The trial court in the Second Ju…
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Appellant, Jose A. Torres, Sr., appeals an order transferring his petition for writ of habeas corpus from the Second Judicial Circuit to the Sixth Judicial Circuit. The trial court properly determined that it lacked jurisdiction to consider Appellant’s petition wherein he challenged the sufficiency of the charging instrument that was filed in his case. See Baker v. State, 164 *832So.3d 38, 39 (Fla. 3d DCA 2015) (“[T]he 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.”); Stokes v. State, 3 So.3d 425, 425 (Fla. 3d DCA 2009) (noting that a 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 and sentence); see also Price v. State, 995 So.2d 401, 404 (Fla. 2008) (noting that generally the test for granting relief based on a defect in the information is actual prejudice to the fairness of the trial (emphasis added)). On appeal, the State argues that although transfer was appropriate, the trial court should have transferred the case to the Twelfth Judicial Circuit given that Appellant’s judgment was entered there. While the State is correct, it included within its appendix an Order Transferring Jurisdiction that was entered by the Sixth Judicial Circuit and that transferred Appellant’s petition to the Twelfth Judicial Circuit. As such, we decline the State’s request to order the transfer of Appellant’s petition to that circuit.
AFFIRMED.
LEWIS, BILBREY, and WINOKUR, JJ., CONCUR.
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Citator
Cited By
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Shird T. Myrick v. Inch, 303 So. 3d 269 (Fla. 2d DCA 2020)…so holding, we acknowledge that the District Courts of Appeal have not yet reached a consensus on how appellate courts ought to 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,…
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Hutchinson v. State, 249 So. 3d 1327 (Fla. 1st DCA 2018)…should have transferred the petition to Hillsborough 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,…
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D'Amico v. Smith, 263 So. 3d 817 (Fla. 1st DCA 2018)…unty. David P. Kreider, Judge. December 28, 2018 PER CURIAM. We affirm the amended order transferring Appellant’s petition for writ of habeas corpus to the circuit in which Appellant was convicted and sentenced. See Torres v. State, 208 So. 3d 831, 831 (Fla. 1st DCA 2017) (affirming the order transferring a habeas petition because the appellant challenged the sufficiency of the charging instrument therein); Baker v. State, 164 So. 3d 38, 39 (Fla. 3d DCA 2015) (“[T]he court of conviction,…
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
- Price v. State, 995 So. 2d 401 (Fla. 2008)
- Stokes v. State, 3 So. 3d 425 (Fla. 3d DCA 2009)
- Baker v. State, 164 So. 3d 38 (Fla. 3d DCA 2015)