Bloom v. State
698 So. 2d 403, 1997 Fla. App. LEXIS 10237, 1997 WL 559414
Opinion
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.
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Bloom v. State, 698 So. 2d 403, 1997 Fla. App. LEXIS 10237, 1997 WL 559414 (Fla. Ct. App. 1997).
698 So. 2d 403 (Bloom v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Jacobs v. State
687 So. 2d 24 (District Court of Appeal of Florida, 1996)