5D04-2510 Wayne McLeod v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-2510

Case Date: 04/18/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

WAYNE MCLEOD, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 22, 2005. Appeal from the Circuit Court for Orange County, Bob Wattles, Judge. Wayne Mcleod, Polk City, pro se. No Appearance for Appellee. Case No. 5D04-2510

THOMPSON, J. Wayne McLeod, appeals an order denying his petition for habeas corpus. We affirm. In this case, the trial court properly found that McLeod is not entitled to habeas relief in the Ninth Circuit, in and for Orange County, Florida, because he is incarcerated in Sneads, Florida, which is Jackson County. See Alachua Reg'l Juvenile Det. Ctr. v. T.O., 684 So. 2d 814, 816 (Fla. 1996) (holding that a petition for writ of habeas corpus alleging entitlement to immediate release is properly filed in the county where the inmate is being detained). However, we note that the proper disposition of a petition

filed in a court without jurisdiction to hear it is dismissal rather than a denial on the merits. Collins v. State, 859 So. 2d 1244, 1245 n.1 (Fla. 5th DCA 2003). Accordingly, we AFFIRM the trial court's order without prejudice to McLeod to file an appropriate petition in the proper court.

PALMER and ORFINGER, JJ., concur.

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