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846 So. 2d 656

Sausville v. State

District Court of Appeal of Florida · decided 2003-05-30

Cited by 1 later decisions — most recently October 2004

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2003-05-30

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NORTHCUTT, Judge.

¶1Duane Sausville challenges the denial of his petition for writ of habeas corpus. We reverse and remand.

¶2Sausville was sentenced in Pinellas County to two concurrent life sentences. He filed a petition for writ of habeas corpus in Pasco County, where he is housed. The circuit court treated Sausville’s petition as a motion for postconviction relief attacking his sentence. As such, however, the motion should have been filed in Pinel-las County; the Pasco County circuit court did not have the authority to address Saus-ville’s motion as an attack on his sentence. Therefore, we reverse and direct the circuit court on remand either to dismiss Sausville’s motion as attacking a conviction in a county other than the one in which he was convicted, or to transfer it to Pinellas County.

¶3Reversed and remanded.

STRINGER and CANADY, JJ., concur.
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