Dilallo v. State

District Court of Appeal of Florida

Dilallo v. State

903 So. 2d 1030, 2005 Fla. App. LEXIS 9313, 2005 WL 1398599

District Court of Appeal of Florida·Decided June 15, 2005·No. No. 4D05-1450·Published

Opinion

PER CURIAM.

Nicholas Dilallo appeals an order of the Broward circuit court which summarily denied his motion for post-conviction relief in a county court, misdemeanor prosecution.

Florida Rule of Criminal Procedure requires the defendant to seek post-conviction relief from the court which entertained his prosecution. That would be the county court in this case. Thus, the circuit court lacked jurisdiction to entertain the 3.850 motion filed. See Breen v. State, 801 So.2d 271 (Fla. 4th DCA 2001); Sutton v. State, 384 So.2d 955 (Fla. 2d DCA 1980). We reverse and remand to the county court to entertain the appellant’s pending post-conviction motion.

Reversed and remanded.

STONE, SHAHOOD and MAY, JJ., concur.

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PER CURIAM.

Nicholas Dilallo appeals an order of the Broward circuit court which summarily denied his motion for post-conviction relief in a county court, misdemeanor prosecution.

Florida Rule of Criminal Procedure requires the defendant to seek post-conviction relief from the court which entertained his prosecution. That would be the county court in this case. Thus, the circuit court lacked jurisdiction to entertain the 3.850 motion filed. See Breen v. State, 801 So.2d 271 (Fla. 4th DCA 2001); Sutton v. State, 384 So.2d 955 (Fla. 2d DCA 1980). We reverse and remand to the county court to entertain the appellant’s pending post-conviction motion.

Reversed and remanded.

STONE, SHAHOOD and MAY, JJ., concur.

Dilallo v. State, 903 So. 2d 1030, 2005 Fla. App. LEXIS 9313, 2005 WL 1398599 (Fla. Ct. App. 2005).

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Opinion

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