Opinion
Case No. SC02-2343.
February 6, 2003. Rehearing: March 19, 2003.
Lower Tribunal No. 91-449-CFA
The petition for a writ of habeas corpus is hereby transferred, pursuant to Harvard v. Singletary, 733 So.2d 1020 (Fla. 1999), to the Circuit Court of the First Judicial Circuit, in and for Santa Rosa County, Florida (Case No. 91-449-CFA), for consideration as a motion to vacate the detainer placed on petitioner by state officials. A ruling on the motion for appointment of counsel is deferred to the transferee court. The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition has been properly denominated as a petition for a writ of habeas corpus. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. In the event the transferee court determines that the petition should be treated as something other than a petition for a writ of habeas corpus, any determination concerning whether a filing fee shall be applicable to this petition shall be made by the transferee court.
Petitioner's Motion for Writ of Mandamus has been treated as a Motion for Rehearing and is hereby denied.