Council v. State, 26 So. 3d 647 (Fla. 2d DCA 2010). · Go Syfert
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Council v. State, 26 So. 3d 647 (Fla. 2d DCA 2010). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: SHIRD T. MYRICK v. MARK INCH, SECRETARY D. O. C. (fladistctapp, 2020-09-09)
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (rule) SHIRD T. MYRICK v. MARK INCH, SECRETARY D. O. C.
Fla. Dist. Ct. App. · 2020 · confidence medium
Wainwright v. Holley, 234 So. 2d 409, 410 (Fla. 2d DCA 1970) ("Fla. Stat. 1967, s 79.09, F.S.A., clearly imposed the venue requirement that in cases before a circuit judge, the application for a writ must be filed with the circuit court of the county in which the prisoner is detained."). -4- County was proper, see Clough v. State, 136 So. 3d 680, 682 (Fla. 2d DCA 2014) ("[W]hen a petitioner improperly seeks relief under section 79.01, the postconviction court may convert the [habeas] petition to a rule 3.850 motion, absent a procedural bar."); Davis v. State, 26 So. 3d 647, 650 (Fla. 2d DCA 20…
discussed Cited as authority (rule) Epps v. McNeil
Fla. Dist. Ct. App. · 2010 · signal: cf. · confidence medium
See Zuluaga v. State, Department of Corrections, 32 So.3d 674 (Fla. 1st DCA 2010) (affirming the dismissal of a petition for writ of habeas corpus where the petitioner challenged the legality of his sentence and the circuit court’s dismissal was without prejudice to the petitioner’s right to seek proper relief in the sentencing court); cf. Davis v. State, *924 26 So.3d 647, 650 (Fla. 2d DCA 2010) (reversing and remanding for transfer where the circuit court denied an apparently meritorious petition for writ of habe-as corpus without indicating that it could be re-filed in the appropriate c…
cited Cited "see" Garcia v. State
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Davis v. State, 26 So.3d 647 (Fla. 2d DCA 2010); Raley v. State, 675 So.2d 170, 173 (Fla. 5th DCA 1996); Barnes v. State, 661 So.2d 71, 71 (Fla. 2d DCA 1995).
cited Cited "see, e.g." Escalante v. State
Fla. Dist. Ct. App. · 2015 · signal: see, e.g. · confidence low
See, e.g., Davis v. State, 26 So.3d 647 , 649 n. 1 (Fla. 2d DCA 2010). 2 .
discussed Cited "see, e.g." Buss v. Reichman
Fla. Dist. Ct. App. · 2011 · signal: see also · confidence low
Batista v. State, 993 So.2d 93, 95 (Fla. 5th DCA 2008); Richardson v. State, 918 So.2d 999, 1001 (Fla. 5th DCA 2006); see also Davis v. State, 26 So.3d 647 (Fla. 2d DCA 2010) (recognizing that a challenge to the legality of a sentence could not be raised in a habeas corpus petition and had to be raised in a rule 3.800(a) motion filed in the sentencing court and directing the lower court to transfer the matter to the proper court).
Luverne COUNCIL, Petitioner,
v.
STATE of Florida, Respondent
1D09-3471.
District Court of Appeal of Florida, Second District.
Jan 21, 2010.
26 So. 3d 647
Luverne Council, pro se, Petitioner., Bill McCollum, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent.
Van Nortwick, Clark, Berger, Wendy.
Published
PER CURIAM.

The petition is granted and Luverne Council is hereby afforded a belated appeal from judgment and sentence in case number 2008-CF-000428-A ip the Circuit Court for Escambia County. See Kelly v. State, 959 So.2d 1282 (Fla. 1st DCA 2007). Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the circuit court who shall treat it as a notice of appeal. Fla. RApp. P. 9.141(c)(5)(D).

The trial court is directed to appoint counsel to represent petitioner in his appeal if he qualifies for such an appointment.

PETITION GRANTED.

VAN NORTWICK and CLARK, JJ., and BERGER, WENDY, Associate Judge, concur.