Public-domain · open source
OpenJurist

828 So. 2d 433

Docket No. 1D02-0080.

Razz v. State

Joe RAZZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 9, 2002.

District Court of Appeal of Florida · decided 2002-10-09

Cited by 5 later decisions — most recently June 2014

5 state decisions

Relies on Alday v. Singletary · Pinder v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-10-09

View the full empirical analysis of this case →

¶1Joe Razz, pro se, for Appellant.

¶2Robert A. Butterworth, Attorney General; Philip W. Edwards, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4Because appellant is detained in DeSoto County, the circuit court in Okaloosa County lacked authority to rule on appellant's *434 petition for writ of habeas corpus. See 79.09, Fla. Stat. (2001); see also Alday v. Singletary,719 So.2d 1260 (Fla. 1st DCA 1998). A trial court can convert an improperly filed habeas corpus petition into a rule 3.850 motion. See Pinder v. State,779 So.2d 309, 310 (Fla. 2d DCA 1999). However, as appellant's convictions and sentences became final nine years before he filed his petition, such a motion would be denied as both successive and untimely. See Fla. R.Crim. P. 3.850(b), (f). Therefore, the trial court properly denied appellant's petition/motion. Accordingly, we affirm the trial court's order without prejudice to appellant's right to file an appropriate petition in the proper court.

¶5AFFIRMED.

¶6BROWNING, LEWIS and POLSTON, JJ., concur.

/828/so2d/433 · .json · Public domain