Opinion
SC22-325
05-10-2022
DAVID S. HUFFMAN 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).: 2D18-2687; 581985CF001782XXXANC
The petition for writ of habeas corpus is hereby transferred to the Second District Court of Appeal for consideration as a petition filed pursuant to Florida Rule of Appellate Procedure 9.141(d). Petitioner appears to raise at least one postconviction claim related to the June 13, 2016, resentencing, which was per curiam affirmed on February 21, 2020. See Huffman v. State, 291 So.3d 937 (Fla. 2d DCA 2020). 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 petition filed pursuant to the above-referenced rule. 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 district court at Post Office Box 327, Lakeland, Florida 33802.