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948 So. 2d 930

Vazquez v. State

District Court of Appeal of Florida

Decided February 14, 2007

District Court of Appeal of Florida · decided 2007-02-14

Cited by 1 later decisions — most recently September 2007

1 state decisions

Relies on 872 So. 2d 217 - Murray v. Regier · 826 So. 2d 279 - Florida Senate v. Forman · 699 So. 2d 849 - Calloway v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-02-14

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PER CURIAM.

¶1After his Rule 3.850 motion for post-conviction relief was denied by the trial court in Orange County, the defendant sought habeas corpus in Miami-Dade County, where he is incarcerated. See Vazquez v. State, 826 So.2d 320 (Fla. 5th DCA 2002)(table). As the court correctly ruled below, an action like this one, which attacks the legality of the conviction and sentence rather than the circumstances of confinement, cannot be maintained in the place of imprisonment. See Murray v. Regier, 872 So.2d 217 (Fla.2002); Johnson v. State, 947 So.2d 1192 (Fla. 3d DCA *9312007); Perez v. McDonough, 946 So.2d 618 (Fla. 1st DCA 2007); Vale v. State, 946 So.2d 104 (Fla. 5th DCA 2007); Calloway v. State, 699 So.2d 849 (Fla. 3d DCA 1997).

¶2Affirmed.

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