GONNIE GRINER
v.
MARK S. INCH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

Fla. 1st DCA | 2021-09-29
No. 20-2432
Ferrero, J., Rowe, C.J., Lewis, J., Winokur, J.
Florida District Court of Appeal, First District (2021)

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Holding

A circuit court lacks jurisdiction to review the legality of a conviction entered in another judicial circuit, and habeas corpus is not the proper remedy for collateral postconviction relief when a motion under Florida Rule of Criminal Procedure 3.850 is available.

Headnotes

[1] A circuit court lacks jurisdiction to review the legality of a conviction entered in another judicial circuit.

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Facts & Procedural History

Griner, convicted in Martin County in 1994 and 1997, filed a habeas corpus petition in Union County Circuit Court challenging the legality of his conv…

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Topics
Frivolous Appeal

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Opinion of the Court
Rowe

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D20-2432 _____________________________

GONNIE GRINER,

Appellant,

v.

MARK S. INCH, Secretary, Florida Department of Corrections,

Appellee. _____________________________

On appeal from the Circuit Court for Union County. Denise Rae Ferrero, Judge.

September 29, 2021

PER CURIAM.

AFFIRMED. See Fla. R. of Crim. P. 3.850(a)(2)–(3) (providing that a defendant alleging that a trial court lacked jurisdiction to enter the judgment or impose sentence may raise the claim by postconviction motion); Baker v. State, 878 So. 2d 1236, 1242 (Fla. 2004) (explaining that “[t]he remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850”); Zuluaga v Dep’t of Corr., 32 So. 3d 674, 677 (Fla. 1st DCA 2010) (explaining that a circuit court lacks jurisdiction to review the legality of a conviction entered in another judicial circuit).

ROWE, C.J., and LEWIS and WINOKUR, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Gonnie Griner, pro se, Appellant.

David M. Mabry, Senior Attorney, and Daniel Burke, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.

Footnotes
2 This appeal is frivolous. Appellant has filed four other cases in this Court, following his 1994 and 1997 convictions entered in Martin County. Appellant is warned that any future filings that this Court determines to be frivolous or malicious may result in the imposition of sanctions, including a prohibition against any further pro se filings in this Court and a referral to the appropriate institution for disciplinary procedures. See § 944.279(1), Fla. Stat. (2020) (providing that “[a] prisoner who is found by a court to have brought a frivolous or malicious suit, action, claim, proceeding, or appeal . . . is subject to disciplinary procedures pursuant to the rules of the Department of Corrections”).

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