Gaffney v. State

District Court of Appeal of Florida

Gaffney v. State

681 So. 2d 1211, 1996 Fla. App. LEXIS 11374, 1996 WL 631566

CourtDistrict Court of Appeal of Florida

DecidedNovember 1, 1996

DocketNo. 95-2365

StatusPublished

Cited by3 cases

This text of 681 So. 2d 1211 (Gaffney 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

Gaffney v. State, 681 So. 2d 1211, 1996 Fla. App. LEXIS 11374, 1996 WL 631566 (Fla. Ct. App. 1996).

Pincite

Opinion

ANTOON, Judge.

In 1985, the defendant was adjudicated guilty of committing a sexual batteiy on a child less than twelve years of age.¹ In the subsequent eleven years, the defendant has sought review of his judgment and sentence by way of a direct appeal, two motions for post-conviction relief, an appeal of the denial of the second motion for post-conviction relief, two federal habeas carpus petitions, and two state habeas corpus petitions. All post-conviction proceedings were resolved unfavorably to the defendant. Currently before this court for review is the trial court’s denial on the merits of the defendant’s third petition for writ of habeas corpus.

The defendant is incarcerated in DeSoto County. He filed his petition in Putnam County. Section 79.09, Florida Statutes (1995), requires that a petition for habeas corpus be filed with the clerk of the court in the county where the defendant is detained. See also Raley v. State, 675 So.2d 170 (Fla. 5th DCA), cause dismissed, 678 So.2d 1287 (Fla.) and appeal dismissed, — So.2d — (Fla.1996). Accord Newman v. Hornsby, 385 So.2d 1106 (Fla. 5th DCA 1980). Therefore, the trial court lacked the authority to rule upon the defendant’s petition for writ of habeas corpus because the defendant is detained outside the court’s territorial jurisdiction. The petition should have been dismissed. Accordingly, we are constrained to vacate the trial court’s order denying the petition. Savage v. State, 662 So.2d 750 (Fla. 4th DCA 1995).

VACATED.

PETERSON, C.J., and THOMPSON, J., concur.

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

ANTOON, Judge.

In 1985, the defendant was adjudicated guilty of committing a sexual batteiy on a child less than twelve years of age.¹ In the subsequent eleven years, the defendant has sought review of his judgment and sentence by way of a direct appeal, two motions for post-conviction relief, an appeal of the denial of the second motion for post-conviction relief, two federal habeas carpus petitions, and two state habeas corpus petitions. All post-conviction proceedings were resolved unfavorably to the defendant. Currently before this court for review is the trial court’s denial on the merits of the defendant’s third petition for writ of habeas corpus.

The defendant is incarcerated in DeSoto County. He filed his petition in Putnam County. Section 79.09, Florida Statutes (1995), requires that a petition for habeas corpus be filed with the clerk of the court in the county where the defendant is detained. See also Raley v. State, 675 So.2d 170 (Fla. 5th DCA), cause dismissed, 678 So.2d 1287 (Fla.) and appeal dismissed, — So.2d — (Fla.1996). Accord Newman v. Hornsby, 385 So.2d 1106 (Fla. 5th DCA 1980). Therefore, the trial court lacked the authority to rule upon the defendant’s petition for writ of habeas corpus because the defendant is detained outside the court’s territorial jurisdiction. The petition should have been dismissed. Accordingly, we are constrained to vacate the trial court’s order denying the petition. Savage v. State, 662 So.2d 750 (Fla. 4th DCA 1995).

VACATED.

PETERSON, C.J., and THOMPSON, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

681 So. 2d 1211, 1996 Fla. App. LEXIS 11374, 1996 WL 631566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaffney-v-state-fladistctapp-1996.

Opinion

Related

Cite This Page — Counsel Stack