Billue v. Liberty Correctional Institution
This text of 941 So. 2d 1196 (Billue v. Liberty Correctional Institution) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant, Willie James Billue, appeals the trial court’s denial of his petition for writ of habeas corpus. Because Appellant did not file his petition in the sentencing court, the trial court lacked jurisdiction to consider his petition. See Johnson v. State, 933 So.2d 651 (Fla. 1st DCA 2006) (citing Crockett v. Singletary, 723 So.2d 911 (Fla. 1st DCA 1999)). We therefore affirm the trial court’s denial of Appellant’s petition without prejudice for him to file a proper postconviction motion in the sentencing court.
AFFIRMED.
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Cite This Page — Counsel Stack
941 So. 2d 1196, 2006 Fla. App. LEXIS 18905, 2006 WL 3208155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billue-v-liberty-correctional-institution-fladistctapp-2006.