ROBERT BLACK, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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BOOTH, Chief Judge.
Robert Black has filed a petition for writ of habeas corpus, seeking belated appeal of a circuit court order which denied his petition for a writ of mandamus to review the determination of his presumptive parole release date (PPRD). For the reasons set forth below, we deny the petition.
Our initial reason for denying the petition is that it does not allege that the relief requested will entitle the petitioner to release or a new trial. Only in such circumstances will a writ of habeas corpus be granted. Cash v. Smith, 465 So. 2d 1294 (Fla. 1st DCA 1985). Even if such an allegation were made, however, we find that the present petition must be denied. The right to a belated appeal arises from the accused’s sixth amendment right to counsel, made applicable to the states through the due process clause of the fourteenth amendment. State v. Meyer, 430 So. 2d 440 (Fla.1983); Baggett v. Wainwright, 229 So. 2d 239 (Fla.1969). The setting of a PPRD under the Florida statutory scheme does not involve an interest in liberty that implicates federal constitutional rights. Hunter v. Florida Parole & Probation Commission, 674 F. 2d 847 (11th Cir.1982); Staton v. Wainwright, 665 F. 2d 686 (5th Cir.), cert. denied, 456 U.S. 909, 102 S.Ct. 1757, 72 L.Ed.2d 166 (1982). Accordingly, we conclude that the remedy of habeas corpus to secure a belated appeal cannot be utilized to obtain review of a circuit court order relating to the calculation or establishment of a PPRD.
ERVIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Robert E. Banks v. Jones, 197 So. 3d 1152 (Fla. 1st DCA 2016)…(holding that, although “inartfully pled,” prisoner challenging revocation by Parole Commission of his prior conditional release stated claim for relief by writ of habeas corpus requiring circuit court to issue order to show cause); Black v. State, 490 So. 2d 1287, 1288 (Fla. 1st DCA 1986) (holding that “initial reason” for denying petition for writ of habeas corpus to appeal denial of writ of mandamus challenging Presumptive Parole Release Date “is that it does not allege that the relief requested will entit…
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Alton D. Brown v. Louie L. Wainwright, 498 So. 2d 679 (Fla. 1st DCA 1986)…Second, since the petition fails to allege that the relief requested would entitle the petitioner to either an immediate release or a new trial, the writ may not be granted. Jenrette v. Wainwright, 410 So. 2d 575 (Fla. 3d DCA 1982); Black v. State, 490 So. 2d 1287 (Fla. 1st DCA 1986). Third, even assuming the petition had been facially sufficient, this court has held that the remedy of habeas corpus is not available to academically establish a release [*680] date, Rinehart v. Cochran, 137 So. 2d 243 (Fla. 1st…
Authorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- State v. Meyer, 430 So. 2d 440 (Fla. 1983)
- Allen v. Iowa, 456 U.S. 909 (U.S. 1982)
- Staton v. Louie L. Wainwright and Maurice G. Crockett, 665 F.2d 686 (5th Cir. 1982)
- Hunter v. Fla. Parole & Prob. Comm'n, 674 F.2d 847 (11th Cir. 1982)
- Cash v. Sharyn L. Smith, 465 So. 2d 1294 (Fla. 1st DCA 1985)