Jose A Torres Sr v. State of Florida
District Court of Appeal of Florida
1Per curiam
Appellant, Jose A. Torres, Sr., appeals an order transferring his petition for writ of habeas corpus from the Second Judicial Circuit to the Sixth Judicial Circuit. The trial court properly determined that it lacked jurisdiction to consider Appellant’s petition wherein he challenged the sufficiency of the charging instrument that was filed in his case. See 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…
2Cases cited2 opinions
- Price v. StateSupreme Court of Florida · 2008
- Stokes v. StateDistrict Court of Appeal of Florida · 2009
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