ALLEN L. PENOYER
v.
STATE
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Allen L. Penoyer appeals the trial court's denial of his habeas corpus petition challenging a 1975 conviction, alleging ineffective assistance of counsel, judicial misconduct, and lack of jurisdiction. The appellate court reversed, holding that the trial court lacked jurisdiction to hear the collateral attack and should have dismissed rather than denied the petition.
The trial court lacked jurisdiction to hear the habeas corpus petition because only the court in which the defendant was convicted and sentenced has jurisdiction to address collateral attacks on the judgment. The correct disposition was dismissal, not denial.
[1] In a collateral attack on a judgment and sentence, jurisdiction to hear claims lies exclusively in the trial court of the circuit in which the defendant was convicted and…
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Join FLexlaw to unlock all legal intelligence“Because Penoyer's petition constitutes a collateral attack on his judgment and sentence, only the court in which he was convicted and sentenced has jurisdiction to address his claims.”
The court explaining the jurisdictional requirement for habeas corpus petitions in Florida.
Penoyer was convicted and sentenced in the Sixth Judicial Circuit of Florida in 1975. He is currently incarcerated at Dade Correctional Institution in…
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Opinion filed April 21, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-243 Lower Tribunal No. F20-13877 ________________ Allen L. Penoyer,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Charles K. Johnson, Judge. Allen L. Penoyer, in proper person. Ashley Moody, Attorney General, for appellee. Before FERNANDEZ, LINDSEY, and GORDO, JJ. FERNANDEZ, J.
Allen L. Penoyer appeals the trial court’s denial of his petition for a writ of habeas corpus alleging ineffective assistance of trial counsel, misconduct by the appellate court judges who heard his direct appeal, ineffective assistance of appellate counsel, and the lack of jurisdiction of the trial court, all relating to a judgment and sentence in a 1975 indictment and subsequent trial in the Sixth Judicial Circuit of the State of Florida. Appellant is presently incarcerated in the Dade Correctional Institution, located in Miami-Dade County, Florida, and consequently filed his petition in the Eleventh Judicial Circuit. Because Penoyer’s petition constitutes a collateral attack on his judgment and sentence, only the court in which he was convicted and sentenced has jurisdiction to address his claims. See Peoples v. State, 260 So. 3d 365 (Fla. 3d DCA 2018). The trial court’s order recognized that it was without jurisdiction1, but denied the petition. In the absence of jurisdiction, the correct disposition is dismissal. We thus reverse and remand for the trial court to dismiss the petition.
Reversed and remanded with instructions.