JEFFREY A. SHOEMAKER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JEFFREY A. SHOEMAKER, PETITIONER,
STATE OF FLORIDA, RESPONDENT
882 So. 2d 1090
Florida District Court of Appeal, First District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The petition for belated appeal is granted and Jeffrey A. Shoemaker is hereby afforded a belated appeal of an order denying his motion to correct illegal sentence in case number 1184-CFA003975 in the Circuit Court for Escambia County. Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the circuit court, with directions that it be treated as a notice of appeal. Fla. R.App. P. 9.141(c)(5)(D).
BROWNING, LEWIS and POLSTON, JJ., concur.
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McCARTHY v. Fla. Parole Comm'n, 889 So. 2d 1018 (Fla. 1st DCA 2005)…the Parole Commission concedes, the circuit, court erred in denying McCarthy’s petition for writ of habeas corpus prior to expiration of the time afforded for him to reply to the Commission’s response. See Smith v. Florida Department of Corrections, 882 So. 2d 1090 (Fla. 1st DCA 2004); cf., Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1997). We note that McCarthy tendered a reply contemporaneously with the filing of his motion for rehearing below. Accordingly, the circuit court’s order is quashed and this caus…
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Peterson v. Fla. Parole Comm'n, 959 So. 2d 436 (Fla. 1st DCA 2007)…court erred in denying Peterson’s petition for writ of habeas corpus without affording him sufficient time to reply to the Commission’s response. See McCarthy v. Fla. Parole Comm’n, 889 So. 2d 1018 (Fla. 1st DCA 2005); Smith v. Fla. Dept. of Corrs., 882 So. 2d 1090 (Fla. 1st DCA 2004); Bard v. Wolson, 687 So. 2d 254, 255-256 (Fla. 1st DCA 1996). Accordingly, we GRANT the writ of certiorari and QUASH the circuit court’s order. BARFIELD, ALLEN, and HAWKES, JJ., concur.…