Irizarry v. State

Full title: Fernando A. Irizarry, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Sep 29, 2021

No. 3D21-1191 (Fla. Dist. Ct. App. Sep. 29, 2021)

Opinion

3D21-1191

09-29-2021

Fernando A. Irizarry, Appellant, v. The State of Florida, Appellee.

Fernando A. Irizarry, in proper person. Ashley Moody, Attorney General, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An appeal from the Circuit Court for Miami-Dade County Nos. F18-12351, 20-2292, Thomas J. Rebull, Judge.

Fernando A. Irizarry, in proper person.

Ashley Moody, Attorney General, for appellee.

Before FERNANDEZ, C.J., and GORDO and LOBREE, JJ.

PER CURIAM.

Fernando Irizarry appeals the dismissal of his petition for writ of habeas corpus by the Eleventh Judicial Circuit Court in Miami-Dade County. Because Irizarry is incarcerated in Desoto County and the petition raises issues concerning his incarceration, we affirm the trial court's order dismissing the petition without prejudice to Irizarry refiling it in the proper venue and in the proper form. See Stokes v. State, 3 So.3d 425, 425 (Fla. 3d DCA 2009) ("The circuit court of the county in which a defendant is incarcerated has jurisdiction to consider a petition for writ of habeas corpus when the claims raised in the petition concern issues regarding his incarceration." (quoting Brinson v. State, 988 So.2d 665, 665-66 (Fla. 3d DCA 2008))); Cooper v. State, 970 So.2d 368, 368 (Fla. 3d DCA 2007); Johnson v. State, 947 So.2d 1192, 1193 (Fla. 3d DCA 2007).

Affirmed.