MAGNUS v. STATE

No. 98-1602.

738 So.2d 446 (1999)

Merrick MAGNUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 21, 1999.


Attorney(s) appearing for the Case

Merrick Magnus, Miami, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant, who was incarcerated in Dade county, filed a petition for writ of habeas corpus in Broward county, alleging that he is being improperly incarcerated because of errors regarding gain time. The state responded that a prisoner can only seek habeas corpus in the circuit court where the prisoner is detained, and that appellant should first have sought relief through the Department of Corrections.

Section 79.09, Florida Statutes (1993) provides...

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