TONY MARVIN JOHNSON, A/K/A MICHAEL SCOTT, PETITIONER,
v.
R.V. TURNER, SUPERINTENDENT, GLADES CORRECTIONAL INSTITUTION; FLORIDA PAROLE AND PROBATION COMMISSION, ET AL., RESPONDENTS

Fla. 4th DCA | 1983-08-03
No. 83-1070
ANSTEAD, C.J., and LETTS and DELL, JJ., concur.
436 So. 2d 291 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 2 cases
Topics
Presumptive Parole Release Date Writ Of Habeas Corpus Writ Of Mandamus

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner seeks review of his presumptive parole release date by this petition for writ of habeas corpus. We treat the petition for writ of habeas corpus as a petition for mandamus directed against the Commission. 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); Pannier v. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982); Fla.R.App.P. 9.040(c). We grant the writ of mandamus. The petition alleges that the Commission used an expired sentence in aggregation of petitioner’s PPRD, which is improper. Jordan v. Florida Parole and Probation Commission, 423 So. 2d 450 (Fla. 1st DCA 1982). The Commission has failed to file a response to this Court’s order to show cause why relief should not be granted. Therefore, we accept petitioner’s allegation of improper aggregation and order the Commission to recompute his PPRD.

WRIT GRANTED.

ANSTEAD, C.J., and LETTS and DELL, JJ., concur.

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  • State v. Dorian, 619 So. 2d 311 (Fla. 3d DCA 1993)
    …eedy trial limit expires, state refiles the same information; two days later, the defendant files a motion for discharge on the refiled information; held trial court erroneously denied the motion for discharge, prohibition granted); State v. Jordan, 436 So. 2d 291 (Fla. 2d DCA 1983) (defendant charged by information with possession of a controlled substance and arrested pursuant thereto; information is subsequently nolle pressed; after the 180-day speedy trial limit expires, state files a new information char…
  • Dicolla v. State, 763 So. 2d 1286 (Fla. 5th DCA 2000)
    …filed a petition for writ of habeas corpus seeking an immediate bond hearing to determine conditions of pretrial release. We elect to treat this petition as a petition for writ of mandamus. See, Fla. R.App. P. 9.040(c). See also, Johnson v. Turner, 436 So. 2d 291 (Fla. 2d DCA 1983). We grant the petition for writ of mandamus. The petition alleges that the trial court has failed to act promptly on his request for a bond hearing. Florida Rule of Criminal Procedure 3.131(d)(1) requires that the trial court rul…

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