JOSEPH SWIFT v. THE STATE OF FLORIDA (2022)

District Court of Appeal of Florida, Third District.

JOSEPH T. SWIFT, Appellant(s)/Petitioner(s), v. THE STATE OF FLORIDA, Appellee(s)/Respondent(s),

CASE NO.: 3D22-1171

Decided: July 13, 2022

Upon its own motion, this Court previously transferred an identical, or near-identical, pro se Petition for Writ of Habeas Corpus based on a claim of ineffective assistance of trial counsel to the circuit court. See Swift v. State, No. 3D21-1588, 2021 WL 3578853 (Fla. 3d DCA Aug. 9, 2021).

Upon transfer, the circuit court entered an order that explained that the relief sought based on a claim of ineffective assistance of counsel was cognizable as a Rule 3.850 application, and dismissed it without prejudice, noting that pro se Petitioner had not yet exhausted his direct appeal.

Pro se Petitioner again files a Petition for Writ of Habeas Corpus, based on a claim of ineffective assistance of trial counsel. The Court takes no position on the timeliness or merits of the pro se Petition, but, again, on its own motion, the Court transfers the Petition for Writ of Habeas Corpus, based on a claim of ineffective assistance of trial counsel, to the Circuit Court of the Eleventh Judicial Circuit.

LOGUE, MILLER and BOKOR, JJ., concur.

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