Florida District Courts of Appeal, 2005

Dilallo v. State

Dilallo v. State
Florida District Courts of Appeal · Decided June 15, 2005 · Shahood, Stone
903 So. 2d 1030; 2005 Fla. App. LEXIS 9313; 2005 WL 1398599 (Southern Reporter, Second Series)

Dilallo v. State

Opinion of the Court

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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