D'Amico v. Smith
District Court of Appeal of Florida
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
- Baker v. StateDistrict Court of Appeal of Florida · 2015
- Jose A Torres Sr v. State of FloridaDistrict Court of Appeal of Florida · 2017