Clark v. State, 779 So. 2d 606 (Fla. 2d DCA 2001).
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Clark v. State, 779 So. 2d 606 (Fla. 2d DCA 2001). Book View Copy Cite
Chantay CLARK
v.
STATE of Florida
No. 2D99-4368.
District Court of Appeal of Florida, Second District.
Feb 28, 2001.
779 So. 2d 606
Chantay Clark, Florida City, pro se., Robert A. Butterworth, Attorney General, Tallahassee, and Sonya Roebuck Hor-belt, Assistant Attorney General, Tampa, for Appellee.
Davis, Fulmer, Whatley.
Cited by 1 opinion  |  Published
WHATLEY, Judge.

The trial court erred in denying Chan-tay Clark’s motion for rehearing of the order denying her petition for writ of ha-beas corpus. In her motion for rehearing, Clark correctly asserted that the trial court lacked jurisdiction to hear her petition because she filed it in the wrong circuit. A petition for writ of habeas corpus must be filed in the circuit in which the petitioner is detained. § 79.09, Fla. Stat. (1997); Savage v. State, 662 So.2d 750 (Fla. 4th DCA1995).

Accordingly, we reverse and remand with directions that the trial court vacate its order denying Clark’s petition and transfer the petition to the proper circuit.

Reversed and remanded with directions.

FULMER, A.C.J., and DAVIS, J., concur.