MICHAEL A. STRONG, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, ET AL., RESPONDENT
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PER CURIAM.
As the Florida Parole Commission subsequently restored petitioner to supervision, the petition for writ of certiorari is denied as moot. To the extent that petitioner argues that he was never released from custody and was erroneously alleged to have violated his conditional release supervision, this issue was not presented to the circuit court and, therefore, cannot be addressed in this proceeding. See, e.g., Perez v. Winn-Dixie, 639 So. 2d 109 (Fla. 1st DCA 1994); Parlier v. Eagle-Picher Industries, Inc., 622 So. 2d 479 (Fla. 5th DCA 1993)(stating that as a general rule of appellate procedure, based on a practical necessity and fairness to the opposing party and the circuit judge, issues that are not timely raised before the circuit court will not be considered on appeal).
ERVIN, DAVIS and BENTON, JJ., concur.
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State v. Laffayette Berry, 19 So. 3d 429 (Fla. 3d DCA 2009)…als Laffayette Berry’s (“the defendant”) downward departure sentence. We reverse. Based on a review of the record, we find that there was no competent substantial evidence presented to support the downward departure sentence. See State v. Grayson, 916 So. 2d 51, 53 (Fla. 2d DCA 2005) (finding that a trial court is required to find that, based on the evidence presented at the hearing, the defendant had a mental disorder that required specialized treatment; had a reasonable possibility of successful treatmen…
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Warianek v. State (Fla. 2d DCA 2020)…iscussing the amenability-to-treatment prong, "[w]e have previously defined 'amenability' as 'a reasonable possibility that . . . treatment will be successful" (quoting Herrin v. State, 568 So. 2d 920, 922 (Fla. 1990))); see, e.g., State v. Grayson, 916 So. 2d 51, 53 (Fla. 2d DCA 2005) ("To support its departure from the recommended sentence, the trial court was required to find that, based on the evidence produced at the hearing, Grayson had - 7 - a mental disorder that required specialized treatment and t…
Authorities Cited
- Perez v. Winn-Dixie & Crawford & Co., 639 So. 2d 109 (Fla. 1st DCA 1994)
- Aguilar v. Westchester Gen. Hosp., Inc., 622 So. 2d 479 (Fla. 3d DCA 1993)