Appellant’s petition, because it lacked jurisdiction to consider a petition for a writ of habeas corpus when Appellant was not incarcerated in the same county as the court. A petition for a writ of habeas corpus must be filed in the county in which the prisoner is detained. § 79.09, Fla. Stat. We, however, treat Appellant’s petition as a postconviction motion, as it challenges the legality of his sentence, and deny it because it was time barred. Fla. R.Crim. P. 3.850(b) (“motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence became final.”). This bar is jurisdictional and may not be waived. See Ferenc v. State, 697 So.2d 1262, 1263 (Fla. 5th DCA 1997) (<HOLDING>). The two-year time limitation for
holding that in the absence of an exception a motion filed outside the twoyear period will not invoke the jurisdiction of the trial court holding that twoyear delay was not reasonable holding that an action filed outside the statutory period of limitations should be dismissed and that mandamus was the proper remedy when the circuit court had denied the defendants motion to dismiss recognizing twoyear statute of limitations for section 1981 claims filed in federal court in georgia holding that a compulsory counterclaim was barred by pennsylvanias twoyear statute of limitations notwithstanding that the plaintiff filed his complaint late in the twoyear limitations period