Whitehead v. Dugger, 88-3084
Decision Date | 07 June 1989 |
Docket Number | No. 88-3084,88-3084 |
Citation | 544 So.2d 1070,14 Fla. L. Weekly 1381 |
Parties | 14 Fla. L. Weekly 1381 Michael WHITEHEAD, Appellant, v. Richard L. DUGGER, Secretary, Florida Department of Corrections, and State of Florida, Appellees. |
Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Palm Beach County; James T. Carlisle, Judge.
Michael Whitehead, Belle Glade, pro se.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Celia A. Terenzio, Asst. Atty. General, West Palm Beach, for appellees.
We affirm the trial court's dismissal of this petition for writ of habeas corpus on the authority of State v. Broom, 523 So.2d 639 (Fla. 2d DCA 1988). If petitioner is entitled to any relief under Florida Rule of Criminal Procedure 3.800 or 3.850, motions for such relief must be addressed to the trial court in Dade County which passed sentence upon appellant.
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...Procedure, such motions must be addressed to the trial court in Dade county which passed sentence upon him. See Whitehead v. Dugger, 544 So.2d 1070 (Fla. 4th DCA 1989). Accordingly, the appealed order is reversed with direction to vacate for lack of jurisdiction without prejudice to appella......
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...issues that should be raised by a motion for post-conviction relief, not a petition for habeas corpus. See generally Whitehead v. Dugger, 544 So.2d 1070 (Fla. 4th DCA 1989); see also Brown v. Wainwright, 383 So.2d 754 (Fla. 4th DCA 1980) (illegal sentence should be raised by motion for post......
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