01-2611 WEED V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 01-2611 WEED V. STATE

Case Date: 12/26/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 LAWRENCE G. WEED, Appellant, vs. THE STATE OF FLORIDA, Appellee. ** ** ** ** ** CASE NO. 3D01-2611 LOWER TRIBUNAL NO. 01-25479

Opinion filed December 26, 2001. An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Lawrence G. Weed, in proper person. Robert A. Butterworth, Attorney General, and Gary K. Milligan (Ft. Lauderdale), Assistant Attorney General, for appellee. Before GREEN, SHEVIN and RAMIREZ, JJ. PER CURIAM. We reverse the order denying defendant's habeas corpus petition without prejudice, and remand with instructions that the trial court transfer the petition to the circuit court that allegedly awarded improper credit for time served. See Pettway v.

State, 776 So. 2d 930 (Fla. 2000); Gillard v. Florida Parole Comm., 784 So. 2d 1214 (Fla. 1st DCA 2001). Reversed and remanded.

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