CALLOWAY v. STATE (1997)

District Court of Appeal of Florida,Third District.

Samuel CALLOWAY, Petitioner, v. The STATE of Florida, Respondent.

No. 96-3485.

Decided: October 01, 1997

Before JORGENSON, GERSTEN and GREEN, JJ.

Samuel Calloway, in proper person. Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for respondent.

Defendant appeals from the denial of his Petition for Habeas Corpus. We dismiss this appeal. Defendant candidly admits in his motion that he was convicted in the seventeenth judicial circuit in 1993, and that he can no longer file a timely motion pursuant to Fla. R.Crim. P. 3.850 in that circuit. Defendant further admits that he filed his Petition for Habeas Corpus in Dade County in an attempt to avoid the limitations period imposed by rule 3.850. A petition for habeas corpus cannot be used to circumvent the two-year period for filing motions for postconviction relief. Scott v. Dugger, 604 So.2d 465, 470 (Fla.1992); Leichtman v. Singletary, 674 So.2d 889, 891-92 (Fla. 4th DCA 1996).

A more significant reason for our dismissal of this appeal, however, is that the trial court in Dade County was without jurisdiction to entertain defendant's petition. “[A] circuit court has no jurisdiction to review the legality of a conviction in another circuit․” State v. Broom, 523 So.2d 639, 641 (Fla. 2d DCA 1988).

Appeal dismissed.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network