GABRIEL SCHLOSSER, APPELLANT,
v.
HARRY K. SINGLETARY, JR., SECRETARY, DEPARTMENT OF CORRECTIONS, APPELLEE
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The court held that the Department of Corrections has discretion in designating the place of confinement for inmates serving concurrent sentences, and thus mandamus is not appropriate to compel transfer.
Schlosser, serving a Florida sentence concurrently with a federal sentence, sought a writ of mandamus to compel Florida authorities to transfer him to…
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PER CURIAM.
Gabriel Schlosser appeals the denial of his petition for writ of mandamus. The petition alleges that Schlosser, who is presently in the custody of the Florida Department of Corrections, pled guilty to grand theft with the understanding his Florida sentence would run concurrent with an existing federal sentence. However, Florida authorities refuse to transfer him to a federal institution.
Section 921.16(2), Florida Statutes (1989), provides that a Florida court “may direct that a sentence ... be served concurrently with a sentence imposed by a court of another state or of the United States,” and in such cases that the Department “may designate the correctional institution of the other jurisdiction as the place for reception and confinement” (emphasis added). This language invests the Department with discretion regarding the placement of inmates serving sentences from multiple jurisdictions. Thus Schlosser has failed to demonstrate the existence of a ministerial duty for which mandamus is an appropriate method of enforcement. City of Miami Beach v. Mr. Samuel’s, Inc., 351 So. 2d 719 (Fla.1977).
We note that Schlosser’s brief goes far beyond the parameters of the mandamus petition. It appears he may also be complaining of a problem along the lines of a previous appeal, Schlosser v. State, 554 So. 2d 1183 (Fla. 2d DCA 1989). Insofar as no such argument was presented to the trial court, we decline to address it.
Affirmed.
RYDER, A.C.J., and LEHAN and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Glenn v. State, 776 So. 2d 330 (Fla. 4th DCA 2001)…serve his Florida sentence concurrently with a federal sentence through transfer to a federal prison. See Doyle v. State, 615 So. 2d 278 (Fla. 3d DCA 1993), cert. denied, 511 U.S. 1007, 114 S.Ct. 1376, 128 L.Ed.2d 52 (1994); Schlosser v. Singletary, 597 So. 2d 304 (Fla. 2d DCA 1991). The trial court, adopting the state’s response, summarily denied Glenn’s motion. We reverse and remand for further proceedings. Where a condition of a guilty plea is that the defendant will serve the agreed-upon state sentence…
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Doyle v. State, 615 So. 2d 278 (Fla. 3d DCA 1993)…has been given this authority, a trial court does not have the authority to order that a Florida sentence be served concurrently with another jurisdiction’s sentence. Instead, the trial court’s order is a recommendation. See Schlosser v. Singletary, 597 So. 2d 304 (Fla. 2d DCA 1991). Accordingly, the petition for writ of ha-beas corpus is discharged.…
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Colon-Morales v. State, 743 So. 2d 101 (Fla. 1st DCA 1999)…serve his Florida sentence concurrently with a federal sentence through transfer to a federal prison. See Doyle v. State, 615 So. 2d 278 (Fla. 3d DCA 1993), cert. denied, 511 U.S. 1007, 114 S.Ct. 1376, 128 L.Ed.2d 52 (1994); Schlosser v. Singletary, 597 So. 2d 304 (Fla. 2d DCA 1991). Nevertheless, where a condition of a guilty plea is that the defendant will serve the agreed-upon state sentence in federal prison concurrently with a longer federal sentence, the defendant is entitled to post-conviction relief i…
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
- City OF Miami Beach v. MR. Samuel's, Inc., 351 So. 2d 719 (Fla. 1977)
- Schlosser v. State, 554 So. 2d 1183 (Fla. 2d DCA 1989)