Torres v. State
| Decision Date | 23 January 2017 |
| Docket Number | CASE NO. 1D16–1602 |
| Citation | 208 So.3d 831 (Mem) |
| Parties | Jose A. TORRES Sr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jose A. Torres Sr., pro se, Appellant.
Pamela Jo Bondi, Attorney General, Julian E. Markham, Assistant Attorney General, for Appellee.
Appellant, Jose A. Torres, Sr., appeals an order transferring his petition for writ of habeas corpus from the Second Judicial Circuit to the Sixth Judicial Circuit. The trial court properly determined that it lacked jurisdiction to consider Appellant's petition wherein he challenged the sufficiency of the charging instrument that was filed in his case. SeeBaker v. State , 164 So.3d 38, 39 (Fla. 3d DCA 2015) (); Stokes v. State , 3 So.3d 425, 425 (Fla. 3d DCA 2009) (); see also Price v. State , 995 So.2d 401, 404 (Fla. 2008) (). On appeal, the State argues that although transfer was appropriate, the trial court should have transferred the case to the Twelfth Judicial Circuit given that Appellant's judgment was entered there. While the State is correct, it included within its appendix an Order Transferring Jurisdiction that was entered by the Sixth Judicial Circuit and that transferred Appellant's petition to the Twelfth Judicial Circuit. As such, we decline the State's request to order the transfer of Appellant's petition to that circuit.
AFFIRMED.
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