HURSHEL ROSS DODD, PETITIONER,
v.
FLORIDA PAROLE & PROBATION COMMISSION ET AL., RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the petitioner's failure to exhaust administrative remedies precluded mandamus relief, and habeas corpus relief was inappropriate as the present detention was lawful.
Petitioner sought a writ of mandamus or habeas corpus, alleging his presumptive parole release date was calculated incorrectly by treating concurrent …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Presumptive Parole Release Date cases and more on FLexlaw
PER CURIAM.
This cause is before us upon a petition for a writ of mandamus or habeas corpus. Petitioner alleges that the method by which his presumptive parole release date was determined treats his concurrent sentences as if they were consecutive sentences.
Section 947.173, Florida Statutes, provides for an administrative review, upon request, of presumptive parole release date determinations. Petitioner’s failure to assert exhaustion of such administrative rem edy precludes mandamus relief. Houston v. Florida Parole & Probation Commission, 377 So. 2d 34 (Fla.1st DCA 1979).
As to the alternative petition for a writ of habeas corpus, the petitioner is presently imprisoned under his initial sentence; the alleged illegality will not cause any further detention until August of 1982. Since the petitioner’s present detention is lawful, ha-beas relief is inappropriate at this time. Mann v. Wainwright, 191 So. 2d 867 (Fla.1st DCA 1966).
Accordingly, said petition is denied.
MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Houston v. Fla. Parole & Prob. Comm'n & Clarence Desye, 377 So. 2d 34 (Fla. 1st DCA 1979)
- Mann v. Louie L. Wainwright, 191 So. 2d 867 (Fla. 1st DCA 1966)
- Hurshel Ross Dodd v. Fla. Parole & Prob. Comm'n, 380 So. 2d 556 (Fla. 1st DCA 1980)