STEVEN MALMQUIST, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Andrews v. The Fla. Parole Comm'n & The Fla. Dep't of Corr., 768 So. 2d 1257 (Fla. 1st DCA 2000)
  …n, 117 Cal.Rptr. 241, 527 P. 2d at 868; Waterman, 149 N.Y.S.2d at 382. To the extent the judgment below holds otherwise, it should be reversed. . For failure to perform this ministerial duty, habeas corpus or mandamus will lie. See Steele v. State, 733 So. 2d 1117, 1118 (Fla. 4th DCA 1999) ("If, upon the filing of a mandamus petition, it appears that appellant would be entitled to immediate release from incarceration if properly credited with the time he is seeking, the petition should be treated as a petitio…
• Shamus D. Layman v. State, 787 So. 2d 44 (Fla. 2d DCA 2001)
  …erved in the DOC on these same charges. Upon violating the probationary portion of a split sentence, the defendant is entitled to credit for time served on the incareerative portion. See Singletary v. Slay, 688 So. 2d 319 (Fla.1997); Steele v. State 733 So. 2d 1117 (Fla. 4th DCA 1999). Thus, we reverse the denial of Layman’s motion and remand for the trial court to check the prison credit provision on Layman’s sentence so that, in addition to the 101 days of jail credit, he receives prison credit for all time…
• Stanley v. Moore, 744 So. 2d 1160 (Fla. 1st DCA 1999)
  …eated as a petition for a writ of habeas corpus which is constitutionally exempt from all court costs and filing fees. See Art I, § 18, Fla. Const. (“The writ of habeas corpus shall be grantable of right, freely and without cost.”); Steele v. State, 733 So. 2d 1117, 1118 (Fla. 4th DCA 1999)(“If, upon the filing of a mandamus petition, it appears that appellant would be entitled to immediate release from incarceration if properly credited with the time he is seeking, the petition should be treated as a petition…

Authorities Cited

• State v. Narcisco Rodriguez, 575 So. 2d 1262 (Fla. 1991)