Legal Opinion

Epps v. McNeil

District Court of Appeal of Florida

Decided June 9, 2010No. 1D09-2433PublishedCited by 1 opinion

1Per curiam

Appellant argues that his sentence is illegal and, accordingly, that his petition for writ of habeas corpus must be granted to correct a manifest injustice. Because the petition was not filed in the sentencing court, the circuit court lacked jurisdiction to address his claim on the merits. See Crockett v. Singletary, 723 So.2d 911, 912 (Fla. 1st DCA 1999). Accordingly, we affirm the dismissal of Appellant’s petition for writ of habeas corpus, which was without prejudice to his right to seek relief in the sentencing court. See Zuluaga v. State, Department of Corrections, 32 So.3d 674 (Fla. 1st…

2Cases cited3 opinions

  1. Zuluaga v. State, Dept. of CorrectionsDistrict Court of Appeal of Florida · 2010
  2. Davis v. StateDistrict Court of Appeal of Florida · 2010
  3. Crockett v. SingletaryDistrict Court of Appeal of Florida · 1999

3Cited by1 opinion

  1. Dixon v. StateDistrict Court of Appeal of Florida · 2013

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API