BILLUE v. LIBERTY CORRECTIONAL INSTITUTION (2006)

District Court of Appeal of Florida,First District.

Willie James BILLUE, Appellant, v. LIBERTY CORRECTIONAL INSTITUTION, Florida Department of Corrections, Appellee.

No. 1D05-5738.

Decided: November 08, 2006

Willie James Billue, pro se, Appellant. Charlie Crist, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee; Rosa Carson, General Counsel, Department of Corrections for Appellee.

Appellant, Willie James Billue, appeals the trial court's denial of his petition for writ of habeas corpus. Because Appellant did not file his petition in the sentencing court, the trial court lacked jurisdiction to consider his petition. See Johnson v. State, 933 So.2d 651 (Fla. 1st DCA 2006) (citing Crockett v. Singletary, 723 So.2d 911 (Fla. 1st DCA 1999)). We therefore affirm the trial court's denial of Appellant's petition without prejudice for him to file a proper postconviction motion in the sentencing court.

AFFIRMED.

PER CURIAM.

WOLF, LEWIS and THOMAS, JJ., concur.

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