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Robinson v. State

District Court of Appeal of Florida, Fifth District
Aug 3, 2007
963 So. 2d 291 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D07-1816.

August 3, 2007.

Petition for Certiorari Review of Order from the Circuit Court for Volusia County, Joseph G. Will, Judge.

Shannon Robinson, Daytona Beach, for Petitioner.

No Appearance for Respondent.


We treat Robinson's petition for writ of certiorari as an appeal because a direct appeal is the appropriate method to review a circuit court order denying a petition for writ of habeas corpus filed in the circuit court. See Fla. R.App. P. 9.030(b)(1)(A); Johnson v. State, 390 So.2d 1234, 1235 n. 1 (Fla. 5th DCA 1980).

Robinson filed a petition for writ of habeas corpus in the circuit court for Volusia County, attacking an habitual offender sentence imposed in the circuit court for Polk County, Florida. The trial court correctly concluded that the proper venue for Robinson's petition was in Polk County. Bryant v. State, 780 So.2d 978 (Fla. 5th DCA 2001).

AFFIRMED.

SAWAYA, MONACO and EVANDER, JJ., concur.


Summaries of

Robinson v. State

District Court of Appeal of Florida, Fifth District
Aug 3, 2007
963 So. 2d 291 (Fla. Dist. Ct. App. 2007)
Case details for

Robinson v. State

Case Details

Full title:Shannon D. ROBINSON, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 3, 2007

Citations

963 So. 2d 291 (Fla. Dist. Ct. App. 2007)