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ANDREW L. BUSH, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

BARFIELD, Judge.

The circuit court properly denied appellant's petition for writ of habeas corpus because it did not have the authority to issue the writ under section 79.09, Florida Statutes (1987). Finley v. State, 394 So.2d 215 (Fla. 1st DCA 1981). The court's order is AFFIRMED without prejudice to appellant's right to file a petition for appropriate relief in the proper court. State v. Sampson, 297 So.2d 120, 122 (Fla. 4th DCA 1974).

NIMMONS and MINER, JJ., concur.

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BUSH v. STATE
(Jun 29, 1989)