ARTHUR GENOVESE
v.
MARK INCH, SECRETARY OF DEPARTMENT OF CORRECTIONS

Fla. 4th DCA | 2020-02-05
No. 19-3000
Florida District Court of Appeal, Fourth District (2020)

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Holding

A habeas corpus petition is properly dismissed when it attempts to bring an unauthorized postconviction challenge to a criminal conviction entered by another circuit court.


Headnotes

[1] A habeas corpus petition may be properly dismissed as unauthorized when it attempts to challenge a criminal conviction entered by a circuit court other than the circuit c…

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Facts & Procedural History

Genovese filed a habeas corpus petition in the Martin County circuit court challenging a criminal conviction. The petition attempted to challenge a co…

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Opinion of the Court

Arthur Genovese, Indiantown, pro se. No appearance required for respondent. PER CURIAM. We redesignate this proceeding as an appeal from the trial court’s final order dismissing the habeas corpus petition that was filed below. We treat the petition for writ of certiorari as the initial brief and summarily affirm. Fla. R. App. P. 9.315(a). The trial court properly dismissed the habeas corpus petition as unauthorized as it attempted to bring an unauthorized postconviction challenge to a criminal conviction entered by another circuit court. See Baker v. State, 878 So. 2d 1236, 1245 (Fla. 2004); Buss v. Reichman, 53 So. 3d 339, 344 (Fla. 4th DCA 2011). Summarily affirmed. WARNER, MAY and CONNER, JJ., concur.

* * * Not final until disposition of timely filed motion for rehearing.


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