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McLeod v. State

District Court of Appeal of Florida, Fifth District
Apr 22, 2005
899 So. 2d 506 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-2510.

April 22, 2005.

Appeal from the Circuit Court for Orange County, Bob Wattles, Judge.

Wayne McLeod, Polk City, pro se.

No Appearance for Appellee.


Wayne McLeod, appeals an order denying his petition for habeas corpus. We affirm.

In this case, the trial court properly found that McLeod is not entitled to habeas relief in the Ninth Circuit, in and for Orange County, Florida, because he is incarcerated in Sneads, Florida, which is Jackson County. See Alachua Reg'l Juvenile Det. Ctr. v. T.O., 684 So.2d 814, 816 (Fla. 1996) (holding that a petition for writ of habeas corpus alleging entitlement to immediate release is properly filed in the county where the inmate is being detained). However, we note that the proper disposition of a petition filed in a court without jurisdiction to hear it is dismissal rather than a denial on the merits. Collins v. State, 859 So.2d 1244, 1245 n. 1 (Fla. 5th DCA 2003).

Accordingly, we AFFIRM the trial court's order without prejudice to McLeod to file an appropriate petition in the proper court.

PALMER and ORFINGER, JJ., concur.


Summaries of

McLeod v. State

District Court of Appeal of Florida, Fifth District
Apr 22, 2005
899 So. 2d 506 (Fla. Dist. Ct. App. 2005)
Case details for

McLeod v. State

Case Details

Full title:Wayne McLEOD, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 22, 2005

Citations

899 So. 2d 506 (Fla. Dist. Ct. App. 2005)

Citing Cases

Jackson v. Sec'y, Fla. Dep't of Corr.

The proper disposition for such claim is dismissal, rather than denial. McLeod v. State, 899 So. 2d 506 (Fla.…