Roland Morales v. State of FloridaRoland Morales v. State of Florida
Roland Morales, in proper person.
James Uthmeier, Attorney General, for appellee.
Before LOGUE, LINDSEY, and LOBREE, JJ.
PER CURIAM.
This Court, like the trial court below, lacks jurisdiction to address Morales’ claims regarding the effectiveness of his counsel and the propriety of his sentence. The State obtained Morales’ conviction in the Thirteenth Judicial Circuit. “[W]hen the petition is based upon the legality of the conviction imposed in another circuit,” jurisdiction lies in the circuit that imposed the sentence, not the circuit where the petitioner is incarcerated. Johnson v. State, 947 So. 2d 1192, 1193 (Fla. 3d DCA 2007). Thus, Morales’ claims regarding whether his sentence is permissible must be addressed in Thirteenth Judicial Circuit.
We affirm the trial court‘s denial of Morales’ petition, without prejudice, and with leave for him to file his petition in the appropriate venue.
Affirmed.