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Penoyer v. State

Third District Court of Appeal State of Florida
Apr 21, 2021
320 So. 3d 252 (Fla. Dist. Ct. App. 2021)

Opinion

No. 3D21-243

04-21-2021

Allen L. PENOYER, Appellant, v. The STATE of Florida, Appellee.

Allen L. Penoyer, in proper person. Ashley Moody, Attorney General, for appellee.


Allen L. Penoyer, in proper person.

Ashley Moody, Attorney General, for appellee.

Before FERNANDEZ, LINDSEY, and GORDO, JJ.

FERNANDEZ, J.

Allen L. Penoyer appeals the trial court's denial of his petition for a writ of habeas corpus alleging ineffective assistance of trial counsel, misconduct by the appellate court judges who heard his direct appeal, ineffective assistance of appellate counsel, and the lack of jurisdiction of the trial court, all relating to a judgment and sentence in a 1975 indictment and subsequent trial in the Sixth Judicial Circuit of the State of Florida. Appellant is presently incarcerated in the Dade Correctional Institution, located in Miami-Dade County, Florida, and consequently filed his petition in the Eleventh Judicial Circuit. Because Penoyer's petition constitutes a collateral attack on his judgment and sentence, only the court in which he was convicted and sentenced has jurisdiction to address his claims. See Peoples v. State, 260 So. 3d 365 (Fla. 3d DCA 2018). The trial court's order recognized that it was without jurisdiction , but denied the petition. In the absence of jurisdiction, the correct disposition is dismissal. We thus reverse and remand for the trial court to dismiss the petition.

The trial court's order reads, in relevant part, as follows: "Habeas Corpus is beyond this court's jurisdiction. Motion is denied."
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Reversed and remanded with instructions.


Summaries of

Penoyer v. State

Third District Court of Appeal State of Florida
Apr 21, 2021
320 So. 3d 252 (Fla. Dist. Ct. App. 2021)
Case details for

Penoyer v. State

Case Details

Full title:Allen L. Penoyer, Appellant, v. The State of Florida, Appellee.

Court:Third District Court of Appeal State of Florida

Date published: Apr 21, 2021

Citations

320 So. 3d 252 (Fla. Dist. Ct. App. 2021)