ARTHUR A. GENOVESE, v. KENNETH S. TUCKER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ARTHUR A. GENOVESE, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-3569 KENNETH S. TUCKER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. ___________________________/ Opinion filed December 19, 2012. Petition for Writ of Certiorari -- Original Jurisdiction. Arthur A. Genovese, pro se, Petitioner. Pamela Jo Bondi, Attorney General, and Daniel A. Johnson, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. As the petitioner s county of incarceration was Bradford and not Union county, the lower tribunal lacked territorial jurisdiction over the petitioner s habeas corpus petition. See Johnson v. Fla. Parole Comm n, 841 So. 2d 615 (Fla. 1st DCA 2003). The petition for writ of certiorari is thus GRANTED. The lower tribunal s order of July 12, 2012, is hereby QUASHED, and this matter is REMANDED to the lower tribunal. PADOVANO, MARSTILLER, and SWANSON, JJ., CONCUR. 2

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