Bloom v. State

District Court of Appeal of Florida

Bloom v. State

698 So. 2d 403, 1997 Fla. App. LEXIS 10237, 1997 WL 559414

CourtDistrict Court of Appeal of Florida

DecidedSeptember 10, 1997

DocketNo. 96-2379

StatusPublished

This text of 698 So. 2d 403 (Bloom v. State) 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.

Bluebook

Bloom v. State, 698 So. 2d 403, 1997 Fla. App. LEXIS 10237, 1997 WL 559414 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

As the state properly concedes, defendant was in state custody when he filed the petition for writ of habeas corpus and at all times since filing the petition. The trial court, therefore, had jurisdiction to consider the petition on the merits and erred in striking the petition based on the court’s mistaken conclusion that defendant was in federal custody. See Jacobs v. State, 687 So.2d 24 (Fla. 5th DCA 1996). We reverse the order and remand the cause for consideration on the merits.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

As the state properly concedes, defendant was in state custody when he filed the petition for writ of habeas corpus and at all times since filing the petition. The trial court, therefore, had jurisdiction to consider the petition on the merits and erred in striking the petition based on the court’s mistaken conclusion that defendant was in federal custody. See Jacobs v. State, 687 So.2d 24 (Fla. 5th DCA 1996). We reverse the order and remand the cause for consideration on the merits.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

698 So. 2d 403, 1997 Fla. App. LEXIS 10237, 1997 WL 559414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bloom-v-state-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack