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263 So. 3d 817

D'Amico v. Smith

District Court of Appeal of Florida

Decided December 28, 2018

District Court of Appeal of Florida · decided 2018-12-28

Relies on Jose A Torres Sr v. State of Florida · 164 So. 3d 38 - Baker v. State

Decided 2018-12-28

Per Curiam.

¶1We affirm the amended order transferring Appellant's petition for writ of habeas corpus to the circuit in which Appellant was convicted and sentenced. See Torres v. State , 208 So.3d 831, 831 (Fla. 1st DCA 2017) (affirming the order transferring a habeas petition because the appellant challenged the sufficiency of the charging instrument therein); Baker v. State , 164 So.3d 38, 39 (Fla. 3d DCA 2015) ("[T]he court of conviction, has jurisdiction over Baker's habeas petition because the petition challenges the sufficiency of the charging document which amounts to a collateral attack on Baker's 1996 conviction.").

¶2AFFIRMED .

¶3Wolf, Lewis, and Wetherell, JJ., concur.

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