YVES JEAN JACQUES MILORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Yves Jean Jacques Milord appealed the dismissal of his habeas corpus petition challenging his conviction. Although the trial court dismissed the petition on erroneous grounds (venue), the appellate court affirmed because Milord's claims constituted collateral attacks on his conviction that should have been raised on direct appeal or through a timely Rule 3.850 motion for postconviction relief.
Although the trial court erred in dismissing the petition based on venue (habeas petitions attacking conviction validity must be brought in the county that rendered the judgment), the dismissal was nonetheless appropriate because Milord's claims constitute collateral attacks on his conviction that could have or should have been raised on direct appeal or in a timely Rule 3.850 motion, making habeas corpus relief unavailable.
[1] A petition for writ of habeas corpus challenging the validity of a conviction or trial court proceedings must be brought in the circuit court of the county that rendered…
[2] A trial court's decision may be affirmed on appeal even if based on erroneous reasoning, if an alternative theory or the evidence supports the conclusion.
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Join FLexlaw to unlock all legal intelligence“When, as here, a petition for writ of habeas corpus attacks the validity of the conviction or issues related to the trial court proceedings, it must be brought in the circuit court of the county that rendered the judgment of conviction.”
Establishes the proper venue rule for habeas petitions challenging conviction validity
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Join FLexlaw to unlock all legal intelligenceMilord filed a petition for writ of habeas corpus in Orange County challenging his convictions based on a fatally defective arrest warrant and chargin…
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Yves Jean Jacques Milord appeals the trial court’s dismissal of his petition for writ of habeas corpus. We affirm.
In his petition, Milord challenged his convictions, arguing he was wrongfully convicted based on a fatally defective arrest warrant and- charging information. The trial court dismissed Milord’s habeas petition, determining that Milord should have filed the petition in Hardee County, where he was incarcerated at the time, and not in Orange County where he was convicted. This was error. When, as here, a petition for writ of habeas corpus attacks the validity of the conviction or issues related to the trial court proceedings, it must be brought in the circuit court of the county that rendered the judgment of conviction. Whitfield v. Dep’t of Corr., 202 So.3d 116, 117 (Fla. 5th DCA 2016); Gisi v. State, 119 So.3d 534, 535 (Fla. 5th DCA 2013).
Although the trial court dismissed the petition on erroneous grounds, dismissal was still appropriate. See Whitfield, 202 So.3d at 117 (“A conclusion or decision *306of a trial court will generally be affirmed, even when based on erroneous reasoning, if the evidence or an alternative theory supports it.” (quoting Caso v. State, 524 So.2d 422, 424 (Fla. 1988))). Milord is not entitled to habeas corpus relief because his claims are collaterally attacking his conviction, and therefore, could have or should have been raised on direct appeal or in a timely Florida Rule of Criminal Procedure 3.850 motion for postconviction relief.1 See Richardson v. State, 918 So.2d 999, 1002 (Fla. 5th DCA 2006) (“Since adoption of rule 3.850 and its predecessor, the courts have consistently held that it is inappropriate to collaterally attack a conviction through the process of habeas proceedings because such claims are cognizable under the rule.”); see also Baker v. State, 878 So.2d 1236, 1241 (Fla. 2004) (reiterating that remedy of habeas corpus is not available as substitute for postconviction relief under rule 3.850); Blanco v. Wainwright, 507 So.2d 1377, 1384 (Fla. 1987) (explaining that “habeas corpus is not a vehicle for obtaining a second appeal of issues which were raised, or should have been raised, on direct appeal or which were waived at trial”).
AFFIRMED.
SAWAYA, ORFINGER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Blanco v. Louie L. Wainwright, 507 So. 2d 1377 (Fla. 1987)
- Rigoberto Caso v. State, 524 So. 2d 422 (Fla. 1988)
- Richardson v. State, 918 So. 2d 999 (Fla. 5th DCA 2006)
- Gisi v. State, 119 So. 3d 534 (Fla. 5th DCA 2013)
- Jahman Whitfield v. Dep't OF Corr. & State of Fla., 202 So. 3d 116 (Fla. 5th DCA 2016)