YEARBY v. STATE, SC04-2445 (Fla. 1-21-2005)

TORIC YEARBY, Petitioner(s) v. STATE OF FLORIDA, Respondent(s).

Case No. SC04-2445.Supreme Court of Florida.
January 21, 2005.

The petition for writ of habeas corpus is hereby transferred to the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, for consideration as a motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition should be considered as a motion to correct sentence. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court. Any and all pending motions in this case are hereby deferred to the transferee court.

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