State v. Broom, No. 87-2366

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; SCHEB
Citation523 So.2d 639,13 Fla. L. Weekly 605
Docket NumberNo. 87-2366
Decision Date04 March 1988
Parties13 Fla. L. Weekly 605 STATE of Florida, Appellant, v. Anthony W. BROOM, Appellee.

Page 639

523 So.2d 639
13 Fla. L. Weekly 605
STATE of Florida, Appellant,
v.
Anthony W. BROOM, Appellee.
No. 87-2366.
District Court of Appeal of Florida,
Second District.
March 4, 1988.
Rehearing Denied March 22, 1988.

Page 640

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellant.

Bruce G. Howie of Tanney, Forde, Donahey, Eno & Tanney, P.A., Clearwater, for appellee.

PER CURIAM.

The state appeals an order granting a petition for writ of habeas corpus and ordering that appellee be retried within 120 days or be released from custody. We reverse.

Following a jury trial in Polk County Circuit Court, appellee was found guilty of second-degree murder and sentenced to life imprisonment. He appealed his conviction to this court, and the judgment and sentence were affirmed. Broom v. State, 422 So.2d 848 (Fla. 2d DCA 1982). In 1985, appellee filed a Rule 3.850 motion to vacate in Polk County Circuit Court. The motion and an amendment thereto were subsequently denied, and appellee appealed the denial to this court. This court affirmed. Broom v. State, 487 So.2d 298 (Fla. 2d DCA 1986). Appellee filed another motion to vacate in Polk County Circuit Court in 1986. This motion was denied, and appellee appealed to this court, which affirmed the denial. Broom v. State, 504 So.2d 531 (Fla. 2d DCA 1987).

Subsequently, appellee was transferred to an institution in Pinellas County. Thereafter, he filed a petition for writ of habeas corpus in Pinellas County Circuit Court and an amendment thereto, all of which challenged the legality of the Polk County judgment. The petition was at first denied by the Pinellas County circuit judge; but on rehearing, the petition for writ of habeas corpus was granted, and the state filed this appeal.

Prior to the adoption of Criminal Procedure Rule No. 1 (now Florida Rule of Criminal Procedure 3.850, hereinafter referred to as "Rule 3"), the proper procedure for collaterally attacking a judgment and sentence in Florida, post-judgment and post-appeal, was by filing a petition for writ of habeas corpus in the county in which the petitioner was incarcerated. However, because of the flood of habeas petitions stemming from the retroactive application of the decision of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), the Florida Supreme Court adopted Rule 3 effective April 1, 1963. See Roy v. Wainwright, 151 So.2d 825 (Fla.1963). The venue for Rule 3 motions, as provided in the rule, is the same court which imposed the judgment or sentence which is being collaterally attacked. Thus, the adoption of

Page 641

Rule 3 tended to relieve the circuit courts where the major prisons were located from this burden. Also, as the opinion in Roy indicates, the trial court where petitioner was...

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67 practice notes
  • Martin v. Sec'y, Case No: 2:11 -cv-639-FtM-38CM
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 7 Octubre 2014
    ...obtain the kind of collateral post-conviction relief available by motion in the sentencing court pursuant to rule 3.850); State v. Broom, 523 So. 2d 639 (Fla. 2d DCA 1988) (habeas may not be used to collaterally attack the conviction, even in the same county where petitioner was tried). Lik......
  • 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
    ...DCA 1997)["[A] circuit court has no jurisdiction to review the legality of a conviction in another circuit (quoting State v. Broom, 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 (......
  • 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
    ...DCA 1997)" '[A] circuit court has no jurisdiction to review the legality of a conviction in another circuit quoting State v. Broom, 523 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 88......
  • Valdez-Garcia v. State, No. 2D06-2441.
    • United States
    • Court of Appeal of Florida (US)
    • 19 Septiembre 2007
    ...in the circuit court of the county where the trial occurred").2 Some of these cases cite to this court's opinion in State v. Broom, 523 So.2d 639, 640 (Fla. 2d DCA 1988). We conclude that those courts have misread our opinion in Broom, which was intended to explain the limited role of ......
  • Request a trial to view additional results
67 cases
  • Martin v. Sec'y, Case No: 2:11 -cv-639-FtM-38CM
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 7 Octubre 2014
    ...obtain the kind of collateral post-conviction relief available by motion in the sentencing court pursuant to rule 3.850); State v. Broom, 523 So. 2d 639 (Fla. 2d DCA 1988) (habeas may not be used to collaterally attack the conviction, even in the same county where petitioner was tried). Lik......
  • 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
    ...DCA 1997)["[A] circuit court has no jurisdiction to review the legality of a conviction in another circuit (quoting State v. Broom, 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 (......
  • 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
    ...DCA 1997)" '[A] circuit court has no jurisdiction to review the legality of a conviction in another circuit quoting State v. Broom, 523 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 88......
  • Valdez-Garcia v. State, No. 2D06-2441.
    • United States
    • Court of Appeal of Florida (US)
    • 19 Septiembre 2007
    ...in the circuit court of the county where the trial occurred").2 Some of these cases cite to this court's opinion in State v. Broom, 523 So.2d 639, 640 (Fla. 2d DCA 1988). We conclude that those courts have misread our opinion in Broom, which was intended to explain the limited role of ......
  • Request a trial to view additional results

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