JOHN LEE NORMAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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John Lee Norman petitioned for a writ of mandamus to compel the trial court to conduct a violation of probation hearing. The court denied the petition, holding that the trial court has no ministerial duty to conduct such a hearing, but preserved Norman's right to seek prison credit for time served if a hearing is ultimately held.
The trial court has no ministerial duty that can be compelled by writ of mandamus to conduct a violation of probation hearing, particularly when it may not be practicable given the prisoner's incarceration elsewhere. However, if Norman has been arrested on the violation of probation affidavit, he is entitled to argue that he is accruing prison credit on the Sarasota case while serving his current sentence.
[1] A trial court has no ministerial duty to conduct a hearing on an affidavit alleging a violation of probation when it may not be practicable to do so.
[2] A prisoner arrested for a violation of probation is generally entitled to a hearing as soon as practicable.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We conclude that the trial court has no ministerial duty that we can compel it to perform. If or when the trial court ultimately holds a hearing on this affidavit, Mr. Norman is not foreclosed from seeking prison credit for time that he is currently serving in prison.”
Establishes the core holding that mandamus does not lie to compel a hearing, but preserves Norman's future rights to claim prison credit.
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Join FLexlaw to unlock all legal intelligenceIn 2001, Norman was convicted of trafficking in stolen property in Sarasota County and received a probationary split sentence. While on probation, he …
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ALTENBERND, Chief Judge.
John Lee Norman .has filed a petition for writ of mandamus seeking to compel the trial court to conduct a hearing on an affidavit alleging a violation of probation. We conclude that the trial court has no ministerial duty that we can compel it to perform. If or when the trial court ulti mately holds a hearing on this affidavit, Mr. Norman is not foreclosed from seeking prison credit for time that he is currently serving in prison.
In 2001, Mr. Norman was convicted in case number 99-14787-F, in Sarasota County, for offenses including trafficking in stolen property. He received a probationary split sentence and served the prison portion of the sentence. While on probation, in June 2003, he committed offenses in Alachua County. He apparently was sentenced in Alachua County to approximately three years’ incarceration for these new offenses.
As a result of these offenses, the State also filed an affidavit of violation of probation in Mr. Norman’s Sarasota County case. Mr. Norman claims that he was arrested on the violation in Alachua County. He has provided documents to this court suggesting that he had a first appearance on the violation on October 6, 2003, in Alachua County. He is anxious to resolve the violation of probation in hopes that any prison sentence for that violation will run concurrently with his current sentence. He has filed several proceedings, including this petition for writ of mandamus, seeking this relief.
When a detainer has been issued against a prisoner, generally the prisoner will not be entitled to prison credit in the case with the detainer when he is sentenced in that case following the completion of the sentence he is currently serving. See Gethers v. State, 838 So. 2d 504, 508 (Fla.2003). On the other hand, if an arrest warrant is transmitted and a prisoner is arrested under the authority of that warrant, the prisoner may be entitled to credit because he is being held on both charges. Gethers, 838 So. 2d at 507. As this court noted in Saunders v. State, 837 So. 2d 433 (Fla. 2d DCA 2002), a prisoner who has actually been arrested for a violation of probation is entitled to a hearing “as soon as practicable.” See § 948.06(4), Fla. Stat. (2004).
In this case, the State does not concede that Mr. Norman has been arrested on the violation of probation. Even if he has, we cannot conclude that the trial court has a ministerial duty to conduct a hearing when it may not be “practicable” to conduct the hearing when Mr. Norman is imprisoned elsewhere. On the other hand, if Mr. Norman is correct and he has been arrested on the affidavit of violation of probation, then it would seem that he has a good argument that he is accruing prison credit on the Sarasota case while serving his current prison sentence. We do not resolve this issue but emphasize that it is an argument that he is free to make if or when the State conducts a hearing on the violation of probation in Sarasota County.
Petition for writ of mandamus denied.
NORTHCUTT and SALCINES, JJ., Concur.
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Trout v. State, 927 So. 2d 1052 (Fla. 4th DCA 2006)…defendant is entitled to jail credit for time spent in a county jail when he has been arrested pursuant to a warrant from another county. See Gethers v. State, 838 So. 2d 504 (Fla.2003); Daniels v. State, 491 So. 2d 543 (Fla.1986); Norman v. State, 900 So. 2d 702 (Fla. 2d DCA 2005). Gethers draws the distinction between execution of an arrest warrant and the issuance of a detainer by another county: The difference between an executed warrant and a detainer is significant in these situations. A warrant is a…
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Chapman v. State, 910 So. 2d 940 (Fla. 5th DCA 2005)…mpel the Brevard Sheriffs Office to perform its duty to arrest him by serving the arrest warrant. The warrants had been issued in the Bre-vard cases on 17 September 1999 based on affidavits of violation of community control. Citing Norman v. State, 900 So. 2d 702 (Fla. 2d DCA 2005), and Bonner v. State, 866 So. 2d 163 (Fla. 5th DCA 2004), the trial court denied the petition for writ of mandamus, ruling that Chapman was not entitled to mandamus relief while serving a sentence on a separate charge in a differe…
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Monroe v. State, 270 So. 3d 513 (Fla. 2d DCA 2019)
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
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)
- Saunders v. State, 837 So. 2d 433 (Fla. 2d DCA 2002)