Leichtman v. Singletary, No. 94-1308

CourtCourt of Appeal of Florida (US)
Writing for the CourtSHAHOOD
Citation674 So.2d 889
Docket NumberNo. 94-1308
Decision Date29 May 1996
Parties21 Fla. L. Weekly D1268 Richard LEICHTMAN, Appellant, v. Harry SINGLETARY, Secretary, Florida Department of Correction, Appellee.

Page 889

674 So.2d 889
21 Fla. L. Weekly D1268
Richard LEICHTMAN, Appellant,
v.
Harry SINGLETARY, Secretary, Florida Department of Correction, Appellee.
No. 94-1308.
District Court of Appeal of Florida,
Fourth District.
May 29, 1996.

Page 890

Richard Leichtman, Indiantown, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and William A. Spillias, Assistant Attorney General, West Palm Beach, for appellee.

SHAHOOD, Judge.

Appellant Richard Leichtman files a pro se appeal from an order denying his petition for writ of habeas corpus entered by the Circuit Court of the Nineteenth Judicial Circuit in and for Martin county (Martin county) on April 25, 1994. Appellant attacks the voluntariness of his plea as well as the legality of one of his sentences from his conviction in 1972 on four counts of sexual battery in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County (Dade county) on June 26, 1972. As appellant collaterally attacks his Dade county judgment and sentence, we declare that Martin county lacked jurisdiction to hear appellant's petition. Accordingly, we vacate the Martin county order denying appellant's petition for writ of habeas corpus and dismiss his appeal without prejudice to appellant to seek other relief in the appropriate judicial circuit.

From the limited record that we have before us it appears that appellant's trial on four counts of sexual battery began on or about June 26, 1972. Shortly after the commencement of a jury trial, appellant entered a plea of guilty to all four counts. At the

Page 891

adjudication proceeding, appellant was sentenced on one count to "life in a mental institution" and to life in prison on the remaining three counts.

On appeal, appellant contends that the sentence to "life in a mental institution" is an illegal sentence based upon Jackson v. Indiana, 406 U.S. 715, 92 S.Ct. 1845, 32 L.Ed.2d 435 (1972), decided by the United States Supreme Court on June 7, 1972. In Jackson, the Supreme Court held that the indefinite pretrial commitment of a defendant solely on account of his incompetency to stand trial is violative of the Fourteenth Amendment due process clause. Id.

It has been held that appellate review is always available where a court has imposed an illegal sentence, even if the judgment and sentence have resulted from a guilty plea. See Robbins v. State, 413 So.2d 840, 841 (Fla. 3d DCA 1982) (citing Bridges v. State, 376 So.2d 233 (Fla.1979)); see also Chikitus v. Shands, 373 So.2d 904 (Fla.1979); Williams v. State, 280 So.2d 518 (Fla. 3d DCA 1973).

Based on the foregoing and principally based on Jackson, appellant collaterally attacks the voluntariness of plea. However, he does so by seeking relief by a petition for writ of habeas corpus in Martin county, the county of his incarceration, rather than in Dade county, the county in which his plea was accepted. As to this issue, Martin county was without jurisdiction to hear his petition.

The circuit court of the county in which a defendant is incarcerated may, issue a writ to inquire into the cause of detention of a petitioner, and may discharge the person held in custody if it is shown that his retention is without jurisdiction or that the...

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46 practice notes
  • Ballard v. Mcneil, Case No. 4:08–cv–347–SPM/EMT.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • 25 Marzo 2011
    ...rule that prisoner may not use state habeas petition to collaterally attack conviction or sentence) (citing Leichtman v. Singletary, 674 So.2d 889, 891 (Fla. 4th DCA 1996) and Fla. R.Crim. P. 3.850(h)).14 In the instant case, by virtue of the First DCA's order clearly and expressly stating ......
  • Croft v. Sec'y, Dep't of Corr., Case No. 8:11-cv-58-T-17TGW
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 17 Octubre 2011
    ...523 So.2d 639, 641 (Fla. 2d DCA 1988))]; Johnson v. State, 947 So. 2d 1192, 1192-93 (Fla. 3d DCA 2007), and Leichtman v. Singletary, 674 So. 2d 889, 891 (Fla. 4th DCA 1996). However, the Court recognizes that in Thompson v. Sec'y, Dept. of Corr., 595 F.3d 1233, 1237 (11th Cir. 2010), the El......
  • Selden v. Sec'y, Case No. 8:10-cv-2259-T-33EAJ
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 22 Marzo 2011
    ...So.2d 639, 641 (Fla. 2d DCA 1988)); see also Johnson v. State, 947 So. 2d 1192, 1192-93 (Fla. 3d DCA 2007), and Leichtman v. Singletary, 674 So. 2d 889, 891 (Fla. 4th DCA 1996). However, in Thompson v. Sec'y, Dept. of Corr., 595 F.3d 1233, 1237 (11th Cir. 2010), the Eleventh Circuit rejecte......
  • Valdez-Garcia v. State, No. 2D06-2441.
    • United States
    • Court of Appeal of Florida (US)
    • 19 Septiembre 2007
    ...2001)); McLevy v. State, 787 So.2d 194 (Fla. 1st DCA 2001); McLeroy v. State, 704 So.2d 151 (Fla. 5th DCA 1997); Leichtman v. Singletary, 674 So.2d 889 (Fla. 4th DCA 1996); see also Frederick v. State, 714 So.2d 1043, 1043 (Fla. 4th DCA 1998) (stating "[h]abeas petitions directed to trial i......
  • Request a trial to view additional results
46 cases
  • Ballard v. Mcneil, Case No. 4:08–cv–347–SPM/EMT.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Florida
    • 25 Marzo 2011
    ...rule that prisoner may not use state habeas petition to collaterally attack conviction or sentence) (citing Leichtman v. Singletary, 674 So.2d 889, 891 (Fla. 4th DCA 1996) and Fla. R.Crim. P. 3.850(h)).14 In the instant case, by virtue of the First DCA's order clearly and expressly stating ......
  • Croft v. Sec'y, Dep't of Corr., Case No. 8:11-cv-58-T-17TGW
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 17 Octubre 2011
    ...523 So.2d 639, 641 (Fla. 2d DCA 1988))]; Johnson v. State, 947 So. 2d 1192, 1192-93 (Fla. 3d DCA 2007), and Leichtman v. Singletary, 674 So. 2d 889, 891 (Fla. 4th DCA 1996). However, the Court recognizes that in Thompson v. Sec'y, Dept. of Corr., 595 F.3d 1233, 1237 (11th Cir. 2010), the El......
  • Selden v. Sec'y, Case No. 8:10-cv-2259-T-33EAJ
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 22 Marzo 2011
    ...So.2d 639, 641 (Fla. 2d DCA 1988)); see also Johnson v. State, 947 So. 2d 1192, 1192-93 (Fla. 3d DCA 2007), and Leichtman v. Singletary, 674 So. 2d 889, 891 (Fla. 4th DCA 1996). However, in Thompson v. Sec'y, Dept. of Corr., 595 F.3d 1233, 1237 (11th Cir. 2010), the Eleventh Circuit rejecte......
  • Valdez-Garcia v. State, No. 2D06-2441.
    • United States
    • Court of Appeal of Florida (US)
    • 19 Septiembre 2007
    ...2001)); McLevy v. State, 787 So.2d 194 (Fla. 1st DCA 2001); McLeroy v. State, 704 So.2d 151 (Fla. 5th DCA 1997); Leichtman v. Singletary, 674 So.2d 889 (Fla. 4th DCA 1996); see also Frederick v. State, 714 So.2d 1043, 1043 (Fla. 4th DCA 1998) (stating "[h]abeas petitions directed to trial i......
  • Request a trial to view additional results

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