MEMORANDUM DECISION
Brown, Judge.
[1] Michael Dale Boyd appeals the trial courts grant of a motion for summary disposition filed by the State. We reverse and remand.
Facts and Procedural History
[2] In February 2008, Boyd was convicted of robbery as a class B felony in cause number 49G03-0708-FA-165486, and the Marion Superior Court sentenced him to thirty years. On May 9, 2022, Boyd filed a “Verified Petition for Habeas Corpus” under cause number 48C01-2205-MI-139 in the Madison Circuit Court. Appellants Appendix Volume II at 11 (capitalization omitted). On June 28, 2022, the State filed a “Motion for Summary Disposition.” Id. at 35 (capitalization omitted). On November 18, 2022, Boyd filed a “Response to ․ Motion for Summary Judgment.” Id. at 169 (capitalization omitted). On November 21, 2022, the State filed a “Reply in Support of Motion for Summary Disposition” asserting that the action was properly considered a petition for post-conviction relief. Id. at 179. On February 28, 2023, the Madison Circuit Court entered an order finding that Boyds petition was properly considered a petition for post-conviction relief and granting the States motion for summary disposition. On March 29, 2023, Boyd filed a motion to correct error, which the court denied.
Discussion
[3] The State notes that Boyd does not dispute the trial courts decision to treat his case as one for post-conviction relief. In his reply brief, Boyd acknowledges that “that issue was not raised in this appeal ․” Appellants Reply Brief at 8. He states that if the trial court intended to treat his petition as one for postconviction relief, “then it should have transferred Mr. Boyds case to the county of conviction.” Id.
[4] The record reveals that the Madison Circuit Court expressly stated that it found that his petition was “properly considered a petition for postconviction relief.” Appellants Appendix Volume II at 187. Ind. Post-Conviction Rule 1(1)(c) provides:
This Rule does not suspend the writ of habeas corpus, but if a person applies for a writ of habeas corpus in the county where the person is incarcerated and challenges the validity of his conviction or sentence, that court shall transfer the cause to the court in which the conviction took place, and the latter court shall treat it as a petition for relief under this Rule.
(Emphasis added).
[5] In light of the concessions in the parties’ briefs and pursuant to Ind. Post-Conviction Rule 1(1)(c), the Madison Circuit Court was required to transfer Boyds petition to the court in which his conviction took place, the Marion Superior Court. Accordingly, we reverse and remand with instructions to transfer Boyds petition to the Marion Superior Court.
[6] Reversed and Remanded.
Memorandum Decision by Judge Brown
Judges Riley and Foley concur.
Riley, J., and Foley, J., concur.