EDUARDO D. VAZQUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
EDUARDO D. VAZQUEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
948 So. 2d 930
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
After his Rule 3.850 motion for post-conviction relief was denied by the trial court in Orange County, the defendant sought habeas corpus in Miami-Dade County, where he is incarcerated. See Vazquez v. State, 826 So. 2d 320 (Fla. 5th DCA 2002)(table). As the court correctly ruled below, an action like this one, which attacks the legality of the conviction and sentence rather than the circumstances of confinement, cannot be maintained in the place of imprisonment. See Murray v. Regier, 872 So. 2d 217 (Fla.2002); Johnson v. State, 947 So. 2d 1192 (Fla. 3d DCA 2007); Perez v. McDonough, 946 So. 2d 618 (Fla. 1st DCA 2007); Vale v. State, 946 So. 2d 104 (Fla. 5th DCA 2007); Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Valdez-Garcia v. State, 965 So. 2d 318 (Fla. 2d DCA 2007)…cordingly, we affirm. Affirmed. CASANUEVA and SALCINES, JJ., Concur. . These territorial statutes became the law of the State of Florida in 1845 by virtue of article XVII, section 1, of the 1838 Florida Constitution. . See also Vazquez v. State, 948 So. 2d 930, 930 (Fla. 3d DCA 2007); Johnson v. State, 947 So. 2d 1192, 1193 (Fla. 3d DCA 2007) (stating defendant required to file petition attacking the validity of judgment in circuit that imposed the sentence) (citing Calloway v. State, 699 So. 2d 849, 850…
Authorities Cited
- Murray v. Regier, 872 So. 2d 217 (Fla. 2002)
- Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997)
- Jahzwah Johnson v. State, 947 So. 2d 1192 (Fla. 3d DCA 2007)
- Vale v. State, 946 So. 2d 104 (Fla. 5th DCA 2007)
- Mathis v. State, 946 So. 2d 618 (Fla. 1st DCA 2007)
- Perez v. McDONOUGH, 946 So. 2d 618 (Fla. 1st DCA 2007)