Jamison v. State , 1D09–6437.
Decision Date | 25 October 2011 |
Docket Number | No. 1D09–6437.,1D09–6437. |
Citation | 73 So.3d 317 |
Parties | Clary JAMISON, Appellant, v. STATE of Florida, State Attorney's Office, Appellee. |
Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
An appeal from the Circuit Court for Nassau County, Robert M. Foster, Judge.
Clary Jamison, pro se, Appellant.
Pamela Jo Bondi, Attorney General, Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.
Appellant appeals the trial court's denial of his petition for writ of habeas corpus, challenging its finding that it lacked jurisdiction, as Appellant was incarcerated in another county. Because we treat the petition as a postconviction motion challenging the legality of his sentence and find that it was time barred, we affirm.
The trial court's dismissal was based on findings of law, which we review de novo. See Sochor v. State, 883 So.2d 766, 772 (Fla.2004) ( ). We affirm the trial court's ruling, although not on the grounds stated by the lower court. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979) ( ).
The Nassau County Circuit Court was correct in denying Appellant's petition, because it lacked jurisdiction to consider a petition for a writ of habeas corpus when Appellant was not incarcerated in the same county as the court. A petition for a writ of habeas corpus must be filed in the county in which the prisoner is detained. § 79.09, Fla. Stat. We, however, treat Appellant's petition as a postconviction motion, as it challenges the legality of his sentence, and deny it because it was time barred. Fla. R.Crim. P. 3.850(b) (). This bar is jurisdictional and may not be waived. See Ferenc v. State, 697 So.2d 1262, 1263 (Fla. 5th DCA 1997) ( ). The two-year time limitation for postconviction motions cannot be avoided by the filing of a petition for writ of habeas corpus. See Finley v. State, 394 So.2d 215, 216 (Fla. 1st DCA 1981) ( ).
Appellant is warned that this is his fourth attempt to...
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