Sausville v. State
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DUANE SAUSVILLE, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D03-688 Opinion filed May 30, 2003. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pasco County; Maynard F. Swanson, Judge. 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 Pinellas County; the Pasco County circuit court did not have the authority to address Sausville'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. -2-
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