Legal Opinion

Jose A Torres Sr v. State of Florida

District Court of Appeal of Florida

Decided January 23, 2017No. CASE NO. 1D16-1602PublishedCited by 5 opinions

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

  1. Price v. StateSupreme Court of Florida · 2008
  2. Stokes v. StateDistrict Court of Appeal of Florida · 2009

3Cited by5 opinions

  1. Cedric R. Hutchinson v. State of FloridaDistrict Court of Appeal of Florida · 2018
  2. D'Amico v. SmithDistrict Court of Appeal of Florida · 2018
  3. D'Amico v. SmithDistrict Court of Appeal of Florida · 2018
  4. SHIRD T. MYRICK v. MARK INCH, SECRETARY D. O. C.District Court of Appeal of Florida · 2020
  5. Steven Francis D'Amico v. Robert E. Smith, WardenDistrict Court of Appeal of Florida · 2018

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