ORLANDO ROSALES, PETITIONER,
v.
MICHAEL W. MOORE, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
Explore caselaw by topic → Browse Writ Of Mandamus cases and more on FLexlaw
PER CURIAM.
Petitioner. Orlando Rosales filed a petition for writ of certiorari challenging the trial court’s order denying his petition for writ of mandamus. The denial of mandamus relief served to uphold the Department of Corrections’ application of the eighty-five percent rule pursuant to section 944.275(4)(b)3., Florida Statutes, to petitioner’s sentence for lewd and lascivious assault upon a child, which offense was alleged to have occurred between January 1995 and December 17,1996.
Respondent Michael W. Moore notified this court that after the court’s decision in Duer v. Moore, 744 So. 2d 992 (Fla. 1st DCA 2000), the Department applied the gaintime statute in effect in January 1995, and released the petitioner from Department custody on June 21, 2000. Since petitioner received the relief requested in his petition for writ of certiorari and has been released, respondent suggests the petition should be dismissed as moot pursuant to Moore v. Moore, 764 So. 2d 676 (Fla. 1st DCA 2000). We agree.
Accordingly, this petition for writ of certiorari is dismissed as moot.
JOANOS, LAWRENCE and VAN NORTWICK, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Butler v. State, 873 So. 2d 537 (Fla. 1st DCA 2004)…PER CURIAM. DISMISSED as moot. See Rosales v. Moore, 775 So. 2d 971 (Fla. 1st DCA 2000); [*538] Edwards v. State, 765 So. 2d 222 (Fla. 2d DCA 2000); Lee v. State, 230 So. 2d 478 (Fla. 4th DCA 1970). ERVIN, BENTON and LEWIS, JJ„ concur.…
Authorities Cited
- Duer v. Moore, 765 So. 2d 743 (Fla. 1st DCA 2000)
- Brooks v. State, 764 So. 2d 676 (Fla. 4th DCA 2000)