Legal Opinion

D'Amico v. Smith

District Court of Appeal of Florida

Decided December 28, 2018No. 1D18-2165Published

1Per curiam

We affirm the amended order transferring Appellant's petition for writ of habeas corpus to the circuit in which Appellant was convicted and sentenced. See Torres v. State , 208 So.3d 831, 831 (Fla. 1st DCA 2017) (affirming the order transferring a habeas petition because the appellant challenged the sufficiency of the charging instrument therein); 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 Baker's…

2Cases cited2 opinions

  1. Baker v. StateDistrict Court of Appeal of Florida · 2015
  2. Jose A Torres Sr v. State of FloridaDistrict Court of Appeal of Florida · 2017

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

Powered by the Exa API