Vincent C. Williams v. Milton Hicks, Warden of Cross City Corr. Inst.
CourtDistrict Court of Appeal of Florida
Date FiledJuly 13, 2020
Docket1D19-3237
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-3237
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VINCENT C. WILLIAMS,
Appellant,
v.
MILTON HICKS, Warden of Cross
City Corr. Inst.,
Appellee.
_____________________________
On appeal from the Circuit Court for Dixie County.
Jennifer J. Johnson, Judge.
July 13, 2020
PER CURIAM.
Pursuant to Florida Rule of Appellate Procedure 9.315, we
summarily affirm the trial court’s dismissal of the appellant’s
petition for habeas corpus. The trial court was not the sentencing
court, so it lacked jurisdiction to consider the petition, which
asserted claims ostensibly cognizable under Florida Rules of
Criminal Procedure 3.800 and 3.850. See Baker v. State, 878 So. 2d
1236, 1245 (Fla. 2004) (“The remedy of habeas corpus is not
available in Florida to obtain the kind of collateral postconviction
relief available by motion in the sentencing court pursuant to rule
3.850.”); see also id. at 1239 (explaining that rule 3.850 “essentially
transferred consideration of these traditional habeas claims from
the court having territorial jurisdiction over the prison where the
prisoner is detained to the jurisdiction of the sentencing court”); cf.
Epps v. McNeil, 37 So. 3d 923 (Fla. 1st DCA 2010) (affirming
dismissal of habeas petition for want of jurisdiction because it
sought relief provided by rules 3.800 and 3.850 but was not filed in
the sentencing court); Zuluaga v. Dep’t of Corr., 32 So. 3d 674 (Fla.
1st DCA 2010) (same).
SUMMARILY AFFIRMED.
B.L. THOMAS, BILBREY, and TANENBAUM, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Vincent C. Williams, pro se, Appellant.
Daniel R. Burke, Assistant General Counsel, Department of
Corrections, Tallahassee, for Appellee.
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