ELTON LEE BAKER, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS AND STATE OF FLORIDA, APPELLEES
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The court quashed the trial court's order denying habeas corpus relief and remanded for transfer to the proper county because the Marion County court lacked jurisdiction over convictions imposed in Sumter County.
A trial court lacks jurisdiction to rule on a habeas corpus petition challenging convictions and sentences imposed in a different county.
[1] Habeas corpus petitions challenging the validity of convictions and sentences must be brought in the circuit court of the county where the trial occurred, not in other co…
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Join FLexlaw to unlock all legal intelligenceBaker was convicted and sentenced in Sumter County to twenty years for attempted sexual battery and attempted lewd or lascivious molestation of a chil…
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Elton Lee Baker appeals the Marion County trial court’s denial of his Emergency Petition for Writ of Habeas Corpus. Baker was convicted and sentenced in Sumter County to a twenty-year prison sentence for attempted sexual battery upon a child under twelve years of age and attempted lewd or lascivious molestation of a child under twelve years of age. In his petition, Baker challenged his convictions and sentences on the basis that the State failed to amend the charging information to reflect his conviction for a lesser-included offense. Baker also challenged the constitutionality of sections 749.011 and 800.04, Florida Statutes (2007), because they require no mens rea element.
When a petitioner challenges the validity of his or her conviction or sentence, jurisdiction in habeas proceedings lies with the trial court that imposed the judgment and sentence. See Sheriff v. Moore, 781 So.2d 1146, 1147 (Fla. 1st DCA 2001); Frederick v. State, 714 So.2d 1043, 1043 (Fla. 4th DCA 1998) (“Habeas petitions directed to trial issues must be brought in the circuit court for the county where the trial occurred.”). The State properly concedes that the Marion County court lacked jurisdiction to rule on the merits of Baker’s petition, which attacked his Sumter County convictions and sentences. Accordingly, we quash the trial court’s order and remand with instructions to transfer the petition to Sumter County. See Bush v. State, 945 So.2d 1207, 1214-15 (Fla. 2006).
ORDER QUASHED; REMANDED with Instructions.
BERGER, J., and JACOBUS, B.W., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)
- Frederick v. State, 714 So. 2d 1043 (Fla. 4th DCA 1998)
- Miller v. State, 781 So. 2d 1146 (Fla. 1st DCA 2001)
- Harold R. Sheriff v. Moore, 781 So. 2d 1146 (Fla. 1st DCA 2001)