BIDEAU JEAN
v.
STATE
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Collateral attacks on a judgment or sentence must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus.
[1] The circuit court of the county in which a defendant is incarcerated has jurisdiction to consider a petition for writ of habeas corpus only when the claims raised concern…
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Join FLexlaw to unlock all legal intelligence“Only the court in which the defendant was convicted and sentenced has jurisdiction to consider collateral attacks on a judgment or sentence, and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus.”
Court's statement of controlling law regarding jurisdiction and proper procedure for collateral attacks
Bideau Jean appealed a decision from the Circuit Court for Miami-Dade County. The case involved an attempted collateral attack on a judgment or senten…
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PER CURIAM.
Affirmed. See Peoples v. State, 260 So. 3d 365, 367 (Fla. 3d DCA 2018) (“Only the court in which the defendant was convicted and sentenced has jurisdiction to consider collateral attacks on a judgment or sentence, and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus.”) (citation omitted); see also Broom v. State, 907 So. 2d 1261, 1262 (Fla. 3d DCA 2005) (“The circuit court of the county in which a defendant is incarcerated has jurisdiction to consider a petition for writ of habeas corpus when the claims raised in the petition concern issues regarding his incarceration, but not when the claims attack the validity of the judgment or sentence.”) (citations omitted).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Broom v. State, 907 So. 2d 1261 (Fla. 3d DCA 2005)
- Peoples v. State, 260 So. 3d 365 (Fla. 3d DCA 2018)