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700 So. 2d 1247

Docket No. 97-438.

Torres v. State

Walter TORRES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 24, 1997.

District Court of Appeal of Florida · decided 1997-10-24

Key passage — most relied on by later courts

“The proper procedure is for Torres to petition the circuit court in the Second Judicial Circuit for a writ of habeas corpus, since he is incarcerated in the Quincy Correctional Institution. Only the circuit court within the county where he is incarcerated has jurisdiction.”

quoted by 1 later decision, including Richardson v. State

Relies on 229 So. 2d 239 - Baggett v. Wainwright · 684 So. 2d 814 - Alachua Reg. Juv. Detention v. To · Gaffney v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-10-24

How this case has been cited

Cited by 5 later decisions — most recently December 2017

5 state decisions

20199720002010decided

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.

View the full empirical analysis of this case →

¶1Walter Torres, Quincy, pro se.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Roberta J. Tylke, Assistant *1248 Attorney General, Daytona Beach, for Appellee.

¶3

ON MOTION TO DISMISS

¶4THOMPSON, Judge.

¶5Walter Torres, an inmate in the Department of Corrections, appeals the denial of his motion for violation of probation hearing and his motion for appointment of counsel. In his motion for violation of probation hearing, Torres alleged that an Orange County circuit judge issued a warrant for violation of probation on 13 October 1995, but that no hearing has been held. Since he has finished all other sentences imposed, he alleged, the violation of probation warrant was preventing his release from DOC. The state contends that the order denying Torres' motion is neither a final judgment adjudicating guilt nor an order revoking or modifying probation, and that therefore this appeal is not cognizable under Florida Rule of Appellate Procedure 9.140. We agree.

¶6The proper procedure is for Torres to petition the circuit court in the Second Judicial Circuit for a writ of habeas corpus, since he is incarcerated in the Quincy Correctional Institution. Only the circuit court within the county where he is incarcerated has jurisdiction. § 79.09, Fla. Stat. (1995); Alachua Regional Juvenile Detention Center v. T.O.,684 So.2d 814 (Fla.1996); Baggett v. Wainwright,229 So.2d 239 (Fla.1969); Gaffney v. State,681 So.2d 1211 (Fla. 5th DCA 1996). We dismiss the appeal without prejudice to Torres' filing a petition for writ of habeas corpus in the Second Judicial Circuit.

¶7DISMISSED without prejudice.

¶8COBB and ANTOON, JJ., concur.

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