Third District Court of Appeal
State of Florida
Opinion filed March 17, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1638
Lower Tribunal No. F20-7172
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Pradel Lucas,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal from the Circuit Court for Miami-Dade County, William
Altfield, Judge.
Pradel Lucas, in proper person.
Ashley Moody, Attorney General, and Michael W. Mervine, Assistant
Attorney General, for appellee.
Before SCALES, MILLER, and LOBREE, JJ.
MILLER, J.
Appellant, Pradel Lucas, a prisoner incarcerated in Miami-Dade
County, appeals the summary denial of his petition for habeas corpus. The
lower tribunal concluded it lacked jurisdiction to adjudicate the claims alleged
in the petition. Because Lucas was convicted and sentenced in Broward
County and the petition challenges the legality of his conviction, rather than
the conditions of his confinement, we affirm without prejudice to the refiling
of the petition in the Seventeenth Judicial Circuit. See Johnson v. State,
947
So. 2d 1192, 1192-93 (Fla. 3d DCA 2007) (“While a defendant is required to
file a petition for writ of habeas corpus in the circuit where the defendant is
incarcerated when the petition involves an issue regarding the prisoner's
incarceration, the converse is true when the petition is based upon the
legality of the conviction imposed in another circuit.”) (citations omitted);
Calloway v. State,
699 So. 2d 849, 850 (Fla. 3d DCA 1997) (“[A] circuit court
has no jurisdiction to review the legality of a conviction in another circuit.”)
(alteration in original) (citation omitted).
Affirmed.
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