Opinion
SC22-473
04-25-2022
WENDALL JERMAINE HALL Petitioner(s) v. STATE OF FLORIDA Respondent(s)
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Lower Tribunal No(s).: 171994CF003113XXXAXX; 171994CF003077XXXAXX
Petitioner has submitted a petition for declaratory judgment, which this Court has treated as a petition for writ of habeas corpus. The petition is hereby transferred to the Circuit Court of the First Judicial Circuit, in and for Escambia County, Florida (Case Nos. 171994CF003113XXXAXX and 171994CF003077XXXAXX), for consideration as a motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), or as otherwise considered appropriate by the trial court to address the claims brought. In light of the petitioner's status as being barred from filing pro se pleadings before the transferee court, we direct the transferee court to accept the petition and appoint counsel to assist the petitioner with his claim. 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 should be considered as a motion to correct sentence. 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. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court. Any and all pending motions in this case are hereby deferred to the transferee court.
Any future pleadings filed regarding this case should be filed in the above mentioned circuit court at 190 West Government Street, Pensacola, Florida 32502.