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Garcia v. State

District Court of Appeal of Florida, Fourth District
Jul 26, 2000
764 So. 2d 821 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D00-2089

Opinion filed July 26, 2000

Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Cory J. Ciklin, Judge; L.T. Case No. 97-003689TCA04.

Francisco A. Garcia, Indiantown, pro se.

No appearance for appellee.


This is an appeal from a denial of appellant's petition for writ of habeas corpus which was denied by the county court. The argument advanced in the petition was that appellant should not have been transferred from county jail to the Department of Corrections with a detainer to have him returned to county jail after he completes his Department of Corrections sentence.

We do not have jurisdiction of this appeal, which is from a county court order. In addition, the county court did not have jurisdiction to grant relief. We therefore dismiss this appeal for lack of jurisdiction, but without prejudice to appellant's seeking relief in the circuit court in which his correctional institution is located. Kerklin v. Godwin, 747 So.2d 956 (Fla. 2d DCA 1999) (which is both procedurally and substantively on point).

KLEIN, STEVENSON and HAZOURI, JJ., concur.


Summaries of

Garcia v. State

District Court of Appeal of Florida, Fourth District
Jul 26, 2000
764 So. 2d 821 (Fla. Dist. Ct. App. 2000)
Case details for

Garcia v. State

Case Details

Full title:FRANCISCO A. GARCIA, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 26, 2000

Citations

764 So. 2d 821 (Fla. Dist. Ct. App. 2000)