ANDREW YOUNG, APPELLANT,
v.
KENNETH W. SIMMONS, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE FLORIDA PAROLE AND PROBATION COMMISSION; LOUIE L. WAINWRIGHT, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEES
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The court held that while the trial court had jurisdiction, the dismissal was proper because the factual allegations did not establish grounds for a writ of habeas corpus.
Appellant filed a petition for writ of habeas corpus challenging the revocation of his parole, alleging he was detained in DeSoto County. The trial co…
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SANDERLIN, Judge.
This is an appeal from an order of the trial court which dismissed appellant’s petition for writ of habeas corpus. The dismissal was based upon the following reasons: (1) the trial court lacked in personam jurisdiction of the parties because appellees (the respondents below) are not located in DeSo-to County; and (2) the factual allegations in the petition did not establish grounds upon which the writ could be granted. We affirm.
At oral argument appellees conceded that the trial court had in personam jurisdiction to hear the petition. The proper method for challenging an order of the Parole and Probation Commission when revoking parole is by a petition for writ of habeas corpus filed in the circuit court of the county in which the prisoner is detained. § 79.03, Fla.Stat. (1985); Art. V, § 5(b), Fla. Const.; State v. Sampson, 297 So. 2d 120 (Fla. 4th DCA 1974). See also State ex rel. Wainwright v. Holley, 234 So. 2d 409 (Fla. 2d DCA 1970). Because appellant’s petition alleged that he was detained in the DeSoto County Correctional Institute, the DeSoto County Circuit Court was the proper forum in which to file his petition.
Had the trial court based its dismissal solely on the basis of lack of jurisdiction, we would be compelled to reverse. The trial court, however, also reached the merits and found that the factual allegations in the petition did not establish grounds upon which the writ could be granted. After reviewing the record and the applicable case law, we find competent, substantial evidence to support the revocation of appellant’s parole.
Accordingly, the order dismissing appellant’s petition for writ of habeas corpus is affirmed.
DANAHY, C.J., and CAMPBELL, J., concur.
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Fannings Johnson v. Fla. Parole Comm'n & James V. Crosby, Jr., 841 So. 2d 615 (Fla. 1st DCA 2003)…t review by way of mandamus to correct the score sheet used to determine the date. See, e.g., Zatler v. State, 457 So. 2d 1083 (Fla. 5th DCA 1984). He also properly sought a writ of habeas corpus to challenge the parole revocation. Young v. Simmons, 506 So. 2d 434 (Fla. 2d DCA 1987). Johnson, 589 So. 2d at 457. Because the jurisdiction of District Courts of Appeal to entertain direct appeals by parolees from final orders of the Florida Parole Commission has been eliminated, prisoners and parolees must seek…1 / 2
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Campbell v. Fla. Parole Comm'n, 630 So. 2d 1210 (Fla. 1st DCA 1994)…y way of this mandamus action. The proper method for challenging an order of the Parole and Probation Commission when revoking parole is by a petition for writ of habeas corpus filed in the county in which the prisoner is detained. Young v. Simmons, 506 So. 2d 434, 435 (Fla. 2d DCA 1987); § 79.09, Fla.Stat. (1991). Because the authority of the court to issue a writ is limited to its territorial jurisdiction, the court lacks jurisdiction where the writ would have to be executed beyond the court’s territorial j…
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Fannings Johnson v. State, 589 So. 2d 456 (Fla. 5th DCA 1991)…review by way .of mandamus to correct the score sheet used to determine the date. See, e.g., Zatler v. State, 457 So. 2d 1083 (Fla. 5th DCA 1984). He also properly sought a writ of habeas corpus to challenge the parole revocation. Young v. Simmons, 506 So. 2d 434 (Fla. 2d DCA 1987). In Mobley, we held that the same issue cannot be litigated in successive petitions. Here, Johnson made successive petitions for extraordinary relief, but the successive petitions did not seek the same relief or involve the same…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Louie L. Wainwright v. Holley, 234 So. 2d 409 (Fla. 2d DCA 1970)
- State v. Sampson, 297 So. 2d 120 (Fla. 4th DCA 1974)