D'Amico v. Smith ( 2018 )


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  • Per Curiam.

    We affirm the amended order transferring Appellant's petition for writ of habeas corpus to the circuit in which Appellant was convicted and sentenced. See Torres v. State , 208 So.3d 831, 831 (Fla. 1st DCA 2017) (affirming the order transferring a habeas petition because the appellant challenged the sufficiency of the charging instrument therein); Baker v. State , 164 So.3d 38, 39 (Fla. 3d DCA 2015) ("[T]he court of conviction, has jurisdiction over Baker's habeas petition because the petition challenges the sufficiency of the charging document which amounts to a collateral attack on Baker's 1996 conviction.").

    AFFIRMED .

    Wolf, Lewis, and Wetherell, JJ., concur.

Document Info

Docket Number: No. 1D18-2165

Filed Date: 12/28/2018

Precedential Status: Precedential

Modified Date: 10/18/2024