Sausville v. State

District Court of Appeal of Florida

Sausville v. State

846 So. 2d 656, 2003 Fla. App. LEXIS 7978, 2003 WL 21241645

CourtDistrict Court of Appeal of Florida

DecidedMay 30, 2003

DocketNo. 2D03-688

StatusPublished

This text of 846 So. 2d 656 (Sausville 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.

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Sausville v. State, 846 So. 2d 656, 2003 Fla. App. LEXIS 7978, 2003 WL 21241645 (Fla. Ct. App. 2003).

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Opinion

NORTHCUTT, Judge.

Duane Sausville challenges the denial of his petition for writ of habeas corpus. We reverse and remand.

Sausville was sentenced in Pinellas County to two concurrent life sentences. He filed a petition for writ of habeas corpus in Pasco County, where he is housed. The circuit court treated Sausville’s petition as a motion for postconviction relief attacking his sentence. As such, however, the motion should have been filed in Pinel-las County; the Pasco County circuit court did not have the authority to address Saus-ville’s motion as an attack on his sentence. Therefore, we reverse and direct the circuit court on remand either to dismiss Sausville’s motion as attacking a conviction in a county other than the one in which he was convicted, or to transfer it to Pinellas County.

Reversed and remanded.

STRINGER and CANADY, JJ., concur.

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NORTHCUTT, Judge.

Duane Sausville challenges the denial of his petition for writ of habeas corpus. We reverse and remand.

Sausville was sentenced in Pinellas County to two concurrent life sentences. He filed a petition for writ of habeas corpus in Pasco County, where he is housed. The circuit court treated Sausville’s petition as a motion for postconviction relief attacking his sentence. As such, however, the motion should have been filed in Pinel-las County; the Pasco County circuit court did not have the authority to address Saus-ville’s motion as an attack on his sentence. Therefore, we reverse and direct the circuit court on remand either to dismiss Sausville’s motion as attacking a conviction in a county other than the one in which he was convicted, or to transfer it to Pinellas County.

Reversed and remanded.

STRINGER and CANADY, JJ., concur.

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Bluebook (online)

846 So. 2d 656, 2003 Fla. App. LEXIS 7978, 2003 WL 21241645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sausville-v-state-fladistctapp-2003.