Gisi v. State
119 So. 3d 534
| Fla. Dist. Ct. App. | 2013Background
- Gisi was convicted in Pinellas County, Florida, on multiple counts including lewd acts, handling a minor, custody interference, and computer-based seduction.
- The Second District affirmed some counts and reversed others on direct appeal; count 4 was affirmed in later appeal.
- Gisi filed a habeas petition in Orange County asserting invalidity due to a date discrepancy between the information and verdict form for Count 4.
- The circuit court rejected the petition on the merits, finding the discrepancy inconsequential because trial proof matched guilt.
- The circuit court relied on Coderre v. State to support the variance principle, but the appellate court concluded the circuit court lacked jurisdiction to decide the merits.
- This Court held that habeas petition attacking a conviction must be brought in the circuit court of the county that rendered the judgment, here Pinellas County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court had jurisdiction over the habeas petition. | Gisi contends Circuit Court can adjudicate due to incarceration-related relief. | Gisi's petition challenges a conviction, needing the Pinellas circuit court. | No jurisdiction in Orange County; proper court is Pinellas County Circuit Court. |
| Whether a date discrepancy between the information and verdict form invalidates the conviction. | Variance is inconsequential if proof at trial matches guilt. | Variance may affect validity absent proper venue and charging accuracy. | Variance did not defeat jurisdiction; but issue resolved on jurisdiction grounds. |
Key Cases Cited
- Coderre v. State, 883 So.2d 385 (Fla. 4th DCA 2004) (date variance not fatal where crime occurred before indictment return date)
- Tingley v. State, 549 So.2d 649 (Fla. 1989) (timing of crime relative to indictment relevant to sufficiency of charging)
- Johnson v. State, 947 So.2d 1192 (Fla. 3d DCA 2007) (county of incarceration circuit has habeas jurisdiction over incarceration issues)
- Galloway v. State, 931 So.2d 136 (Fla. 5th DCA 2006) (habeas petition attacking conviction must be in proper circuit county)