Anthony P. John v. the State of Florida

Third District Court of Appeal State of Florida Opinion filed July 15, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D20-0550 Lower Tribunal No. 19-5432 ________________ Anthony P. John, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Ellen Sue Venzer, Judge. Anthony P. John, in proper person. Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee. Before FERNANDEZ, LINDSEY, and MILLER, JJ. PER CURIAM.  Affirmed. See Brinson v. State, 988 So. 2d 665, 665-66 (Fla. 3d DCA 2008) (“The circuit court of the county in which a defendant is incarcerated has jurisdiction to consider a petition for writ of habeas corpus when the claims raised in the petition concern issues regarding his incarceration, but not when the claims attack the validity of the judgment or sentence. Only the court in which the defendant was convicted and sentenced has jurisdiction to consider collateral attacks on a judgment or sentence, and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus.” (quoting Broom v. State, 907 So. 2d 1261, 1262 (Fla. 3d DCA 2005))). 2