Florida District Courts of Appeal, 2013

Dixon v. State

Dixon v. State
Florida District Courts of Appeal · Decided January 31, 2013 · Benton, Davis, Roberts
110 So. 3d 915; 2013 WL 363717; 2013 Fla. App. LEXIS 1435 (Southern Reporter, Third Series)

Dixon v. State

Opinion of the Court

PER CURIAM.

Because appellant’s petition for writ of habeas corpus was not filed in the sentencing court, the trial court lacked jurisdiction to address it. See, e.g., Epps v. McNeil, 37 So.3d 923, 923 (Fla. 1st DCA 2010); Zuluaga v. State, Dep’t of Corrs., 32 So.3d 674, 677 (Fla. 1st DCA 2010). We affirm the trial court’s denial of the petition on that basis, without prejudice to appellant’s *916right to file a proper post-conviction motion in the appropriate court.

BENTON, C.J., DAVIS, and ROBERTS, JJ., concur.

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