HERBIE HERNANDEZ, PETITIONER,
v.
LOUIE L. WAINWRIGHT, SECRETARY, DEPARTMENT OF CORRECTIONS, MAURICE G. CROCKETT, ANABEL P. MITCHELL, JACK V. BLANTON, RAY E. HOWARD, ROY W. RUSSELL, CHARLES J. SCRIVEN AND ARMOND R. CROSS (DECEASED), COMMISSIONERS OF AND CONSTITUTING THE FLORIDA PAROLE AND PROBATION COMMISSION, RESPONDENTS
HERBIE HERNANDEZ, PETITIONER,
LOUIE L. WAINWRIGHT, SECRETARY, DEPARTMENT OF CORRECTIONS, MAURICE G. CROCKETT, ANABEL P. MITCHELL, JACK V. BLANTON, RAY E. HOWARD, ROY W. RUSSELL, CHARLES J. SCRIVEN AND ARMOND R. CROSS (DECEASED), COMMISSIONERS OF AND CONSTITUTING THE FLORIDA PAROLE AND PROBATION COMMISSION, RESPONDENTS
371 So. 2d 596
Florida District Court of Appeal, First District (1980)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The petitioner here, an inmate at the Avon Park Correctional Institution, seeks mandamus to force the Department of Corrections or the Parole and Probation Commission to turn over to him a post-sentence investigation report. Florida Statute § 945.10(2), proscribes the relief sought as follows:
“No inmate of any institution, facility, or program of the Department of Offender Rehabilitation shall have access to any information contained in the files of the Department of Offender Rehabilitation..."
Accordingly, Petition for Mandamus is DENIED.
MILLS, Acting C. J., and BOOTH and LARRY G. SMITH, JJ., concur.
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James v. Fla. Parole & Prob. Comm'n, 395 So. 2d 197 (Fla. 1st DCA 1981)…is presumptive parole release date is readily apparent. Section 945.10(2), Fla.Stat. (1980), precludes an inmate from reviewing the contents of the report should it be contained in the files of the Department of Corrections. Hernandez v. Wainwright, 371 So. 2d 596 (Fla. 1st DCA 1980). Thus, the contents of the report is immune from challenge. No neutral panel reviews its competence or its persuasiveness. To allow the unsubstantiated hearsay generally contained in such reports to be the sole basis for the Comm…
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Farber v. Fla. Parole & Prob. Comm'n, 427 So. 2d 1016 (Fla. 1st DCA 1983)…s presumptive parole release date is readily apparent. Section 945.-10(2), Fla.Stat. (1980), precludes an inmate from reviewing the contents of the report should it be contained in the files of the Department of Corrections. Hernandez v. Wainwright, 371 So. 2d 596 (Fla. 1st DCA 1980). Thus, the contents of the report is [sic] immune from challenge. No neutral panel reviews its competence or its persuasiveness. To allow the unsubstantiated hearsay generally contained in such reports to be the sole basis for th…