CHESTEL THORSON
v.
STATE
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A circuit court has jurisdiction to consider a habeas corpus petition only when claims concern incarceration conditions, not when they attack the validity of a judgment or sentence, which must be addressed in the trial court through Rules 3.800 or 3.850.
[1] A petition for writ of habeas corpus attacking the validity of a judgment or sentence must be brought in the court that convicted and sentenced the defendant pursuant to…
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Join FLexlaw to unlock all legal intelligence“The 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 incarceration, but not when the claims attack the validity of the judgment or sentence.”
Court stated the governing jurisdictional rule at the outset of the opinion, citing Broom v. State.
Chestel Thorson, appearing pro se, filed a petition for writ of habeas corpus in the Eleventh Judicial Circuit challenging his conviction and sentence…
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Opinion filed February 17, 2021. Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1581 Lower Tribunal No. 19-15718
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Chestel Thorson,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Alberto Milian, Judge Chestel Thorson, in proper person. Ashley Moody, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee. Before LOGUE, LINDSEY, and HENDON, JJ. PER CURIAM. “The 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 incarceration, but not when the claims attack the validity of the judgment or sentence.” Broom v. State, 907 So. 2d 1261, 1262 (Fla. 3d DCA 2005) (citations omitted). “Only the court in which the defendant was convicted and sentenced has jurisdiction to consider collateral attacks on a judgment or sentence, and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus.” Id. As such, neither this Court nor the Circuit Court for the Eleventh Judicial District has jurisdiction to address the collateral attack raised in the Petition. Accordingly, we affirm the lower court’s order without prejudice to refiling the Petition in the court having jurisdiction, i.e., the Circuit Court of the Twelfth Judicial Circuit, in and for Sarasota County. See Peoples v. State, 260 So. 3d 365, 367 (Fla. 3d DCA 2018).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Broom v. State, 907 So. 2d 1261 (Fla. 3d DCA 2005)
- Peoples v. State, 260 So. 3d 365 (Fla. 3d DCA 2018)