Third District Court of Appeal
State of Florida
Opinion filed February 17, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-1581
Lower Tribunal No. 19-15718
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Chestel Thorson,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Alberto
Milian, Judge
Chestel Thorson, in proper person.
Ashley Moody, Attorney General, and Michael W. Mervine, Assistant
Attorney General, for appellee.
Before LOGUE, LINDSEY, and HENDON, JJ.
PER CURIAM.
“The circuit court of the county in which a defendant is incarcerated
has jurisdiction to consider a petition for writ of habeas corpus when the
claims raised in the petition concern issues regarding incarceration, but not
when the claims attack the validity of the judgment or sentence.” Broom v.
State, 907 So. 2d 1261, 1262 (Fla. 3d DCA 2005) (citations omitted). “Only
the court in which the defendant was convicted and sentenced has
jurisdiction to consider collateral attacks on a judgment or sentence, and
such an attack must be brought pursuant to Rule 3.800 or 3.850, not by
petition for writ of habeas corpus.” Id. As such, neither this Court nor the
Circuit Court for the Eleventh Judicial District has jurisdiction to address the
collateral attack raised in the Petition. Accordingly, we affirm the lower
court’s order without prejudice to refiling the Petition in the court having
jurisdiction, i.e., the Circuit Court of the Twelfth Judicial Circuit, in and for
Sarasota County. See Peoples v. State, 260 So. 3d 365, 367 (Fla. 3d DCA
2018).
Affirmed.
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