D'Amico v. Smith

District Court of Appeal of Florida

D'Amico v. Smith

263 So. 3d 817

District Court of Appeal of Florida·Decided December 28, 2018·No. No. 1D18-2165·Published

Opinion

Per Curiam.

We affirm the amended order transferring Appellant's petition for writ of habeas corpus to the circuit in which Appellant was convicted and sentenced. See Torres v. State , 208 So.3d 831, 831 (Fla. 1st DCA 2017) (affirming the order transferring a habeas petition because the appellant challenged the sufficiency of the charging instrument therein); Baker v. State , 164 So.3d 38, 39 (Fla. 3d DCA 2015) ("[T]he court of conviction, has jurisdiction over Baker's habeas petition because the petition challenges the sufficiency of the charging document which amounts to a collateral attack on Baker's 1996 conviction.").

AFFIRMED .

Wolf, Lewis, and Wetherell, JJ., concur.

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

Per Curiam.

We affirm the amended order transferring Appellant's petition for writ of habeas corpus to the circuit in which Appellant was convicted and sentenced. See Torres v. State , 208 So.3d 831, 831 (Fla. 1st DCA 2017) (affirming the order transferring a habeas petition because the appellant challenged the sufficiency of the charging instrument therein); Baker v. State , 164 So.3d 38, 39 (Fla. 3d DCA 2015) ("[T]he court of conviction, has jurisdiction over Baker's habeas petition because the petition challenges the sufficiency of the charging document which amounts to a collateral attack on Baker's 1996 conviction.").

AFFIRMED .

Wolf, Lewis, and Wetherell, JJ., concur.

D'Amico v. Smith, 263 So. 3d 817 (Fla. Ct. App. 2018).

Pincite

263 So. 3d 817 (D'Amico v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related