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Sausville v. State
846 So. 2d 656
Fla. Dist. Ct. App.
2003
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NORTHCUTT, Judge.

Duane Sausville challenges the denial of his petition for writ of habeas corpus. We reverse and remand.

Sausville was sentenced in Pinellas County to two concurrent life sentences. He filed a petition for writ of habeas corpus in Pasco County, where he is housed. The circuit court treated Sausville’s petition as a motion for postconviction relief attacking his sentence. As such, however, the motion should have been filed in Pinel-las County; the Pasco County circuit court did not have the authority to address Saus-ville’s motion as an attack on his sentence. Therefore, we reverse and direct the circuit court on remand either to dismiss Sausville’s motion as attacking a conviction in a county other than the one in which he was convicted, or to transfer it to Pinellas County.

Reversed and remanded.

STRINGER and CANADY, JJ., concur.

Case Details

Case Name: Sausville v. State
Court Name: District Court of Appeal of Florida
Date Published: May 30, 2003
Citation: 846 So. 2d 656
Docket Number: No. 2D03-688
Court Abbreviation: Fla. Dist. Ct. App.
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