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BLOOM v. STATE

No. 96-2379.

698 So.2d 403 (1997)

Herbert BLOOM, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 10, 1997.

Attorney(s) appearing for the Case

Herbert Bloom, in pro. per.

Robert A. Butterworth, Attorney General, and Sylvie Perez Posner, Assistant Attorney General, for appellee.

Before NESBITT, GODERICH and SHEVIN, JJ.

PER CURIAM.

As the state properly concedes, defendant was in state custody when he filed the petition for writ of habeas corpus and at all times since filing the petition. The trial court, therefore, had jurisdiction to consider the petition on the merits and erred in striking the petition based on the court's mistaken conclusion that defendant was in federal custody. See Jacobs v. State, 687 So.2d 24 (Fla. 5th DCA 1996)...

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