Clark v. State

WHATLEY, Judge.

The trial court erred in denying Chan-tay Clark’s motion for rehearing of the order denying her petition for writ of ha-beas corpus. In her motion for rehearing, Clark correctly asserted that the trial court lacked jurisdiction to hear her petition because she filed it in the wrong circuit. A petition for writ of habeas corpus must be filed in the circuit in which the petitioner is detained. § 79.09, Fla. Stat. (1997); Savage v. State, 662 So.2d 750 (Fla. 4th DCA1995).

Accordingly, we reverse and remand with directions that the trial court vacate its order denying Clark’s…