SMITH v. STATE

No. 5D09-170.

11 So.3d 473 (2009)

Travis Devincey SMITH, Appellant, v. STATE of Florida, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

June 26, 2009.


Attorney(s) appearing for the Case

Travis D. Smith, Blountstown, pro se.

Bill McCollum, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Appellant challenges the lower court's order denying his petition for writ of habeas corpus. He contends that the trial court improperly dismissed the petition on procedural grounds without addressing the merits. We agree with Appellant and reverse.

Appellant was charged with second-degree murder in an information filed by the statewide prosecutor. In his petition for habeas corpus, Appellant challenged the jurisdiction of the statewide prosecutor...

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