County Criminal Court: CRIMINAL PROCEDURE – Post Conviction Relief.

Petition for habeas corpus denied because defendant had to raise post-conviction relief challenge via a 3.850 motion filed in the trial court. Petition denied. Broom v. State, No. CRC 05-104 APANO, (Fla. 6th Cir.App.Ct. Jan. 4, 2006).

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

ANTHONY W. BROOM

 

            Petitioner,

 

v.                                                                                                                                                                  Case No. CRC 05-104 APANO

UCN52005AP000104XXXXCR

STATE OF FLORIDA

 

            Respondent.

____________________________/

 

 

ORDER DENYING PETITIONER’S PETITION

FOR WRIT OF HABEAS CORPUS

 

             

THIS MATTER is before the Court on Anthony W. Broom’s Petition for Original Writ of Habeas Corpus. The Petition is denied because it is procedurally improper and has been filed in the wrong court.

 The Petitioner was informed by the appellate court in Broom v. State, 907 So.2d 1261 (Fla. 3d DCA 2005), that he must seek the appropriate relief via a motion filed pursuant to Fla.R.Crim.P. 3.800 or 3.850. Instead, the Petitioner has filed a Petition for Writ of Habeas Corpus. A review of the Petition reveals that the Petitioner is attempting to seek review of his judgment and sentence. As stated in Broom, “the court in which the defendant was convicted and sentenced has jurisdiction to consider collateral attacks on a judgment and sentence, and such an attack must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus.” Id. at 1262.

            Moreover, the court that entered the judgment and sentence was the Pinellas County Court. The Petitioner has filed his Petition in the appellate division of the Sixth Judicial Circuit.

            IT IS THEREFORE ORDERED that the Petition for Writ of Habeas Corpus is denied.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of January, 2005.

 

 

 

                                                                                    _____________________________

                                                                                                  John A. Schaefer

                                                                                      Circuit Judge, Appellate Division

 

cc:        State Attorney

 

            Anthony Broom