D'Amico v. Smith

District Court of Appeal of Florida

D'Amico v. Smith

263 So. 3d 817

CourtDistrict Court of Appeal of Florida

DecidedDecember 28, 2018

DocketNo. 1D18-2165

StatusPublished

This text of 263 So. 3d 817 (D'Amico v. Smith) 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

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

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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.

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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.

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Bluebook (online)

263 So. 3d 817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/damico-v-smith-fladistctapp-2018.

Opinion

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