Opinion
Case No. SC10-1126.
December 14, 2010.
Lower Tribunal No(s). 86-1173, 86-5939, 88-16879.
Petitioner has submitted a filing, which this Court has treated as a petition for writ of habeas corpus. The petition for writ of habeas corpus is hereby transferred to the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, for consideration as a motion for postconviction relief requiring an evidentiary hearing pursuant to Florida Rule of Criminal Procedure 3.850(d). This Court has determined that due to a manifest injustice, the typical time limitation for seeking postconviction relief shall be excepted in this case. 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 postconviction motion under the applicable 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 circuit court at 800 E. Twiggs Street, Room 206, Tampa, Florida 33602.
PARIENTE, LEWIS, QUINCE, and POLSTON, JJ., concur. PERRY, J., would dismiss.