Opinion
SC22-1465
11-09-2022
DEVANTE N. MIMS Petitioner(s) v. MICHAEL J. CHITWOOD, SHERIFF Respondent(s)
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Lower Tribunal No(s).: 642020CF302336XXXADB
Petitioner has submitted a Motion to Withdraw Plea, which this Court has treated as a petition for writ of habeas corpus. The petition is hereby transferred to the Circuit Court of the Seventh Judicial Circuit, in and for Volusia County, Florida, for consideration in the context of case number 642020CF302336XXXADB. See Fla. R. Crim. P. 3.170(l). 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 petition for writ of habeas corpus. 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. 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 101 North Alabama Avenue, Deland, FL 32724.