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John v. State

Third District Court of Appeal State of Florida
Jul 15, 2020
307 So. 3d 69 (Fla. Dist. Ct. App. 2020)

Opinion

No. 3D20-0550

07-15-2020

Anthony P. JOHN, Appellant, v. The STATE of Florida, Appellee.

Anthony P. John, in proper person. Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.


Anthony P. John, in proper person.

Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.

Before FERNANDEZ, LINDSEY, and MILLER, JJ.

PER CURIAM.

Affirmed. See Brinson v. State, 988 So. 2d 665, 665-66 (Fla. 3d DCA 2008) ("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, but not when the claims attack the validity of the judgment or sentence. Only the court in which the defendant was convicted and sentenced has jurisdiction to consider collateral attacks on a judgment or sentence, and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus." (quoting Broom v. State, 907 So. 2d 1261, 1262 (Fla. 3d DCA 2005) )).


Summaries of

John v. State

Third District Court of Appeal State of Florida
Jul 15, 2020
307 So. 3d 69 (Fla. Dist. Ct. App. 2020)
Case details for

John v. State

Case Details

Full title:Anthony P. John, Appellant, v. The State of Florida, Appellee.

Court:Third District Court of Appeal State of Florida

Date published: Jul 15, 2020

Citations

307 So. 3d 69 (Fla. Dist. Ct. App. 2020)