699 So. 2d 849 - Calloway v. State

How this case has been cited

Cited by 16 later decisions — most recently November 2018

16 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Samuel Calloway, in proper person.

¶2Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for respondent.

¶3Before JORGENSON, GERSTEN and GREEN, JJ.

¶4PER CURIAM.

¶5Defendant appeals from the denial of his Petition for Habeas Corpus. We dismiss this appeal. Defendant candidly admits in his motion that he was convicted in the seventeenth judicial circuit in 1993, and that he can no longer file a timely motion pursuant to Fla. R.Crim. P. 3.850 in that circuit. Defendant further admits that he filed his Petition for Habeas Corpus in Dade County in an attempt to avoid the limitations period imposed by rule 3.850. A petition for habeas corpus cannot be used to circumvent the two-year period for filing motions for postconviction relief. Scott v. Dugger, 604 So.2d 465, 470 (Fla.1992); Leichtman v. Singletary, 674 So.2d 889, 891-92 (Fla. 4th DCA 1996).

¶6A more significant reason for our dismissal of this appeal, however, is that the trial court in Dade County was without jurisdiction *850 to entertain defendant's petition. "[A] circuit court has no jurisdiction to review the legality of a conviction in another circuit...." State v. Broom, 523 So.2d 639, 641 (Fla. 2d DCA 1988).

¶7Appeal dismissed.