Gilbert v. State, 3D07-1459.
| Decision Date | 21 November 2007 |
| Docket Number | No. 3D07-1459.,3D07-1459. |
| Citation | 972 So.2d 904 |
| Parties | Thomas J. GILBERT, Petitioner, v. The STATE of Florida, Respondent. |
| Court | Florida District Court of Appeals |
Thomas Gilbert, in proper person.
Bill McCollum, Attorney General and Richard L. Polin, Bureau Chief, for respondent.
Before GERSTEN, C.J., and SHEPHERD and SUAREZ, JJ.
On Motion for Rehearing
We grant the State's motion for rehearing, withdraw this Court's prior opinion released on August 15, 2007, and deny Defendant's Petition for Writ of Mandamus.
Defendant filed a petition for writ of mandamus to require, the judge of the Eleventh Judicial Circuit, the circuit in which defendant is presently incarcerated, to rule on his pro se petition for writ of habeas corpus collaterally attacking his judgment and sentence. The judgment and sentence occurred in Monroe County and not in Miami-Dade County. Therefore, the trial court was correct in transferring the defendant's petition for writ of habeas corpus to the Sixteenth Judicial Circuit, Monroe County. See Broom v. State, 907 So.2d 1261 (Fla. 3d DCA 2005).
Petition is denied.
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Croft v. Sec'y, Dep't of Corr.
...rendered [FN1] and/or to file any appropriate action against the Florida Parole Commission for relief. [FN2]FN1. See Gilbert v. State, 972 So.2d 904 (Fla.3d DCA 2007); Broom v. State, 907 So.2d 1261 (Fla. 3d DCA 2005).FN2. See Sheley v. Fla. Parole Comm'n, 720 So.2d 216 (Fla. 1998).Dark Hor......
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