GONNIE GRINER
v.
MARK S. INCH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
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A circuit court lacks jurisdiction to review the legality of a conviction entered in another judicial circuit, and habeas corpus is not the proper remedy for collateral postconviction relief when a motion under Florida Rule of Criminal Procedure 3.850 is available.
[1] A circuit court lacks jurisdiction to review the legality of a conviction entered in another judicial circuit.
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Join FLexlaw to unlock all legal intelligenceGriner, convicted in Martin County in 1994 and 1997, filed a habeas corpus petition in Union County Circuit Court challenging the legality of his conv…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D20-2432 _____________________________
GONNIE GRINER,
Appellant,
v.
MARK S. INCH, Secretary, Florida Department of Corrections,
Appellee. _____________________________
On appeal from the Circuit Court for Union County. Denise Rae Ferrero, Judge.
September 29, 2021
PER CURIAM.
AFFIRMED. See Fla. R. of Crim. P. 3.850(a)(2)–(3) (providing that a defendant alleging that a trial court lacked jurisdiction to enter the judgment or impose sentence may raise the claim by postconviction motion); Baker v. State, 878 So. 2d 1236, 1242 (Fla. 2004) (explaining that “[t]he remedy of habeas corpus is not available in Florida to obtain the kind of collateral postconviction relief available by motion in the sentencing court pursuant to rule 3.850”); Zuluaga v Dep’t of Corr., 32 So. 3d 674, 677 (Fla. 1st DCA 2010) (explaining that a circuit court lacks jurisdiction to review the legality of a conviction entered in another judicial circuit).
ROWE, C.J., and LEWIS and WINOKUR, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Gonnie Griner, pro se, Appellant.
David M. Mabry, Senior Attorney, and Daniel Burke, Assistant General Counsel, Department of Corrections, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Baker v. State, 878 So. 2d 1236 (Fla. 2004)
- Heldrado Zuluaga v. State, 32 So. 3d 674 (Fla. 1st DCA 2010)