STEVEN FRANCIS D'AMICO
v.
ROBERT E. SMITH, WARDEN
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A habeas corpus petition challenging the sufficiency of the charging instrument must be transferred to the circuit court in which the petitioner was convicted and sentenced.
[1] A habeas corpus petition that challenges the sufficiency of a charging instrument constitutes a collateral attack on the conviction within the jurisdiction of the court o…
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Join FLexlaw to unlock all legal intelligenceD'Amico filed a petition for writ of habeas corpus in Union County Circuit Court. The petition challenged the sufficiency of the charging instrument a…
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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, 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.”).
AFFIRMED.
WOLF, LEWIS, and WETHERELL, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Steven Francis D'Amico, pro se, Appellant. Beverly Brewster, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State, 164 So. 3d 38 (Fla. 3d DCA 2015)
- Torres v. State, 208 So. 3d 831 (Fla. 1st DCA 2017)