VIRDIE SHAVERS APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Timeliness Of Claims cases and more on FLexlaw
PER CURIAM.
Virdie Shavers’ petition for writ of habeas corpus was denied on the finding that the Seventeenth Judicial Circuit lacked jurisdiction to consider a petition from a prisoner incarcerated outside Broward County. That conclusion was wrong because the petition challenged the conduct of Shavers’ Broward County trial. The circuit court in the county of incarceration does not have jurisdiction to review the propriety of a conviction from another circuit. See Leichtman v. Singletary, 674 So. 2d 889, 891 (Fla. 4th DCA 1996).
However, denial of the petition was required for another reason. The issues raised in the petition should have been made on direct appeal or in a timely motion for post-conviction relief. Because the petition was filed more than two years after Shavers’ conviction became final, his complaints were time barred. See Fla. R.Crim. P. 3.850(b) (1998).
AFFIRMED.
GUNTHER and STEVENSON, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Collins v. State, 859 So. 2d 1244 (Fla. 5th DCA 2003)…review denied, 762 So. 2d 917 (Fla.2000). [*1247] Moreover, a petition for writ of habeas corpus may not be used to circumvent the time limitations for filing an appropriate motion for postconviction relief. Carter; Bryant; Green; Shavers v. State, 723 So. 2d 371 (Fla. 4th DCA 1998), review denied, 744 So. 2d 456 (Fla.1999), and cert. denied, 528 U.S. 1172, 120 S.Ct. 1198, 145 L.Ed.2d 1102 (2000). Here, Collins pled guilty, was sentenced, and chose not to avail himself of his right to appeal.3 Collins also…
Authorities Cited
- Leichtman v. Singletary, 674 So. 2d 889 (Fla. 4th DCA 1996)