Alphonso James v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ALPHONSO JAMES, Appellant, v. Case No. 5D13-3392 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 24, 2014 Appeal from the Circuit Court for Sumter County, William H. Hallman, III, Judge. Alphonso James, Coleman, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Alphonso James appeals from the denial of his petition for writ of habeas corpus, which sought to challenge two 1989 Lee County convictions on grounds that no "complaint" was filed in those cases. As the State correctly argues, because James challenges the validity of his underlying convictions, his petition should have been filed in the Circuit Court of Lee County. See, e.g., Gisi v. State, 119 So. 3d 534, 535 (Fla. 5th DCA 2013) ("a habeas petition attacking the validity of a conviction and asserting issues related to the trial court proceedings, must be brought in the circuit court of the county that rendered the judgment of conviction"). As such, we dismiss this appeal. See id. TORPY, C.J., SAWAYA and LAWSON, JJ., concur. 2

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