STEVE H. BRONSON, JR., APPELLANT,
v.
FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE
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The court held that a writ of habeas corpus cannot be used to compel a public agency to exercise its discretion in a specific manner, and unsupported allegations are insufficient for relief.
Petitioner sought credit for time served on parole and for a mandatory conditional release violation via a Petition for Writ of Habeas Corpus. The tri…
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PER CURIAM.
This is an appeal from an order dismissing appellant’s Petition for Writ of Habeas Corpus1 for failure to state a cause of action. We affirm.
Petitioner, in his pro se Petition for Writ of Habeas Corpus, seeks credit for time served on parole and MCR [mandatory conditional release]. Section 947.21, Florida Statutes, does not mandate that an inmate be given credit for time spent on parole; it merely authorizes the Commission, at its discretion, to grant credit for same. Coleman v. Wainwright, 323 So. 2d 581 (Fla.1975). Furthermore, it is clear that a writ cannot be used to compel a public agency clothed with discretion to exercise that discretion in a given manner. Graham v. Vann, 394 So. 2d 180 (Fla. 1st DCA 1981); Evans v. St. Regis Paper Company, 287 So. 2d 296 (Fla.1973); and Hunter v. Solomon, 75 So. 2d 803 (Fla.1954).
Petitioner s third claim for relief, credit for time spent serving an MCR violation, is without merit. Petitioner’s naked, unsupported allegations have not demonstrated an entitlement to relief and are insufficient to support a writ of habeas corpus. McNamara v. Cook, 336 So. 2d 677 (Fla. 4th DCA 1976).
We therefore find that the petitioner-appellant has not been unlawfully denied credit, nor has the Florida Parole and Probation Commission abused its discretion. Accordingly, the trial court properly dismissed the petition for failure to state grounds for relief.
AFFIRMED.
SMITH, SHIVERS and WIGGINTON, JJ., concur. .' Since appellant has failed to show that he is entitled to immediate release, habeas corpus is not an available remedy and his petition is properly treated as a writ of mandamus. Kirsch v. Greadington, 425 So. 2d 153 (Fla. 1st DCA 1983).
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Singletary v. Powell, 602 So. 2d 969 (Fla. 1st DCA 1992)…lies in Leon County. See Dugger v. Grooms, 582 So. 2d 136 (Fla. 1st DCA 1991) (state entitled to assert common law venue privilege in connection with pleading that effectively requested mandamus relief); Bronson v. Florida Parole & Probation Comm’n, 474 So. 2d 409 (Fla. 1st DCA 1985) (petition for writ of habeas corpus seeking credit for time served on parole should be treated as one for writ of mandamus). The trial court’s order transferring venue to Hendry County is therefore REVERSED and the case is REMAND…
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State v. Terence E. Peters, 526 So. 2d 747 (Fla. 1st DCA 1988)…community service, it cannot be said that such conditions had the effect of rendering probationary time spent at liberty the equivalent of forced detention in a state hospital or in a county jail. Bronson v. Florida Parole and Probation Commission, 474 So. 2d 409 (Fla. 1st DCA 1985), cited by appellant, is distinguishable. The award of credit for time served while on probation is not a matter of discretion as is the award of credit for time served during parole. Were it possible to reward the appellee for hi…
Authorities Cited
- Hunter v. Solomon, 75 So. 2d 803 (Fla. 1954)
- Evans v. ST. Regis Paper Co., 287 So. 2d 296 (Fla. 1973)
- Graham v. Vann, 394 So. 2d 180 (Fla. 1st DCA 1981)
- Kirsch v. Greadington, 425 So. 2d 153 (Fla. 1st DCA 1983)
- Coleman v. Louie L. Wainwright, 323 So. 2d 581 (Fla. 1975)
- McNAMARA v. Cook, 336 So. 2d 677 (Fla. 4th DCA 1976)