Third District Court of Appeal
State of Florida
Opinion filed April 21, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-243
Lower Tribunal No. F20-13877
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Allen L. Penoyer,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Charles K.
Johnson, Judge.
Allen L. Penoyer, in proper person.
Ashley Moody, Attorney General, for appellee.
Before FERNANDEZ, LINDSEY, and GORDO, JJ.
FERNANDEZ, J.
Allen L. Penoyer appeals the trial court’s denial of his petition for a writ
of habeas corpus alleging ineffective assistance of trial counsel, misconduct
by the appellate court judges who heard his direct appeal, ineffective
assistance of appellate counsel, and the lack of jurisdiction of the trial court,
all relating to a judgment and sentence in a 1975 indictment and subsequent
trial in the Sixth Judicial Circuit of the State of Florida. Appellant is presently
incarcerated in the Dade Correctional Institution, located in Miami-Dade
County, Florida, and consequently filed his petition in the Eleventh Judicial
Circuit. Because Penoyer’s petition constitutes a collateral attack on his
judgment and sentence, only the court in which he was convicted and
sentenced has jurisdiction to address his claims. See Peoples v. State,
260
So. 3d 365 (Fla. 3d DCA 2018). The trial court’s order recognized that it was
without jurisdiction 1, but denied the petition. In the absence of jurisdiction,
the correct disposition is dismissal. We thus reverse and remand for the trial
court to dismiss the petition.
Reversed and remanded with instructions.
1
The trial court’s order reads, in relevant part, as follows: “Habeas Corpus
is beyond this court’s jurisdiction. Motion is denied.”
2
