GARY A. HARRISSON, PETITIONER,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, RESPONDENT
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PER CURIAM.
Petitioner seeks review of his presumptive parole release date, by petition for writ of habeas corpus filed some two years after the Florida Parole and Probation Commission set the date. We treat the petition for habeas corpus as a petition for mandamus directed against the FPPC. Moore v. Florida Parole and Probation Commission, 289 So. 2d 719 (Fla.1974), cert. denied, 417 U.S. 935, 94 S.Ct. 2649, 41 L.Ed.2d 239 (1974); Hardy v. Greadington, 405 So. 2d 768 (Fla. 5th DCA 1981); Pannier v. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982). We deny the writ. The response to the order to show cause demonstrates that the Commission has corrected an earlier error in computing petitioner’s presumptive parole release date. Section 947.172(3), Florida Statutes (1978) does not prevent the correction of a mere clerical error. Wickham v. Florida Parole and Probation Commission, 410 So. 2d 989 (Fla. 1st DCA 1982).
PETITION DENIED.
ANSTEAD, HURLEY and DELL, JJ., concur.
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Rothermel v. Fla. Parole & Prob. Comm'n, 441 So. 2d 663 (Fla. 1st DCA 1983)…mission, 444 So. 2d 917 (Fla.1983); Moore v. Florida Parole and Probation Commission, 289 So. 2d 719 (Fla.1974); James v. Florida Parole and Probation Commission, 395 So. 2d 197 (Fla. 1st DCA 1981); Harrison v. Florida Parole & Probation Commission, 428 So. 2d 388 (Fla. 4th DCA 1983); Lowe v. Florida Parole and Probation Commission, 416 So. 2d 470 (Fla. 2nd DCA 1982); Pannier v. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982). Finally, we address the recent decision of the Florida Supreme Court in Roberson v.…
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Shannon v. Anabel P. Mitchell, 460 So. 2d 910 (Fla. 4th DCA 1984)…plied in his case. In Shannon v. Turner, 432 So. 2d 204 (Fla. 4th DCA 1983), the court treated a petition of the same petitioner on a similar matter as a petition for writ of mandamus, following Harrisson v. Florida Parole and Probation Commission, 428 So. 2d 388 (Fla. 4th DCA 1983). The Harris,son court had appropriately relied on Moore v. Florida Parole and Probation Commission, 289 So. 2d 719 (Fla.1974), cert. denied, 417 U.S. 935, 94 S.Ct. 2649, 41 L.Ed.2d 239 (1974), which held: The Parole Commission i…
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Shannon v. R.V. Turner, 432 So. 2d 204 (Fla. 4th DCA 1983)…ew of his presumptive parole release date. We treat the petition for habeas corpus as a petition for mandamus directed against the FPPC. Pannier v. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982); Harrisson v. Florida Parole and Probation Commission, 428 So. 2d 388 (Fla. 4th DCA 1983). We grant the writ and order the Commission to recompute petitioner’s PPRD without using his expired 1973 robbery sentence in aggregation. An expired sentence may not be used in aggregation. Jordan v. Florida Parole and Probation…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rayfield Moore v. Fla. Parole & Prob. Comm'n, 289 So. 2d 719 (Fla. 1974)
- Sapp v. Haskins, 417 U.S. 935 (U.S. 1974)
- Liberty Mut. Ins. Co. v. Drew, 417 U.S. 935 (U.S. 1974)
- Pannier v. Louie L. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982)
- Hardy v. Greadington, 405 So. 2d 768 (Fla. 5th DCA 1981)
- Wickham v. Fla. Parole & Prob. Comm'n, 410 So. 2d 989 (Fla. 1st DCA 1982)