LARRY L. BLAND
v.
THE STATE OF FLORIDA
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A circuit court lacks jurisdiction to consider a petition for writ of habeas corpus that collaterally attacks a judgment and sentence imposed in a different judicial circuit.
[1] A circuit court lacks jurisdiction to entertain a petition for writ of habeas corpus challenging a conviction and sentence imposed by a court in a different judicial circ…
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Join FLexlaw to unlock all legal intelligenceLarry L. Bland filed a petition for writ of habeas corpus in the Eleventh Judicial Circuit (Miami-Dade County), alleging he was being held illegally d…
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Opinion filed April 19, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-119 Lower Tribunal No. F22-21141
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Larry L. Bland,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Miguel M. de la O, Judge. Larry L. Bland, in proper person. Ashley Moody, Attorney General, for appellee. Before FERNANDEZ, C.J., and HENDON and BOKOR, JJ. PER CURIAM. Larry L. Bland appeals the trial court's order denying his petition for a writ of habeas corpus. Bland alleges that he is being held illegally due to an infirmity in the judgment and sentence entered by the trial court after a conviction in the First Judicial Circuit. The trial court of the Eleventh Judicial Circuit does not have jurisdiction to consider and determine a petition for a writ of habeas corpus that collaterally attacks the judgment and sentence imposed in the First Judicial Circuit. See Broom v. State, 907 So. 2d 1261 (Fla. 3d DCA 2005). We therefore reverse and remand with instructions to transfer Bland's petition to the First Judicial Circuit. See Peoples v. State, 260 So. 3d 365 (Fla. 3d DCA 2018).
Reversed and remanded with instructions.
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)