CARLOS RIVERA PACHECO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARLOS RIVERA PACHECO, APPELLANT,
STATE OF FLORIDA, APPELLEE
768 So. 2d 479
Florida District Court of Appeal, Second District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Carlos Rivera Pacheco appeals his judgments of conviction for offenses occurring on July 24, 1994; November 8, 1995; November 5, 1995; and December 29, 1995. All of the sentences were imposed under the 1995 sentencing guidelines. Three of the four above dates fall within the window period of October 1, 1995, and May 24, 1997, set out in Heggs v. State, 759 So. 2d 620 (Fla.2000). We remand this case to the trial court to reconsider the sentences, See Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).
PARKER, A.C.J., BLUE and GREEN, JJ"Concur'
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Pope v. State, 898 So. 2d 253 (Fla. 3d DCA 2005)…to allege, or prove, that he had exhausted any of the administrative procedures available to him prior to filing the petition. The prerequisite to the issuance of an extraordinary writ is exhaustion of all administrative remedies. See Reed v. Moore, 768 So. 2d 479 (Fla. 2d DCA 2000). The trial court, without addressing the merits, summarily and correctly denied the appellant’s petition, without prejudice, finding the petition facially insufficient for failing to allege the appellant had exhausted all of the a…
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Davis v. State, 943 So. 2d 975 (Fla. 5th DCA 2006)…oore, 789 So. 2d 431 (Fla. 4th DCA 2001) (no error in dismissing habeas petition which claimed that DOC and Parole Commission improperly structured consecutive sentences, where defendant had failed to exhaust administrative remedies); Reed v. Moore, 768 So. 2d 479 (Fla. 2d DCA 2000) (petition for writ of mandamus or habeas corpus regarding eligibility for gain time was properly denied where available administrative remedies had not been exhausted). PETITION DENIED. GRIFFIN, PALMER and TORPY, JJ., concur.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)