EDUARDO BARRERA, APPELLANT,
v.
FLORIDA PAROLE COMMISSION, APPELLEE
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[*811] PER CURIAM.
Appellant appeals the circuit court’s order denying his petition for writ of mandamus as time-barred under section 95.11(5)(f), Florida Statutes (2005). In his petition, appellant contended that the Florida Parole Commission erroneously revoked his conditional release without finding that his violation was a willful violation of a substantial condition of the conditional release order, see Williams v. Florida Parole Commission, 954 So. 2d 1271 (Fla. 1st DCA 2007), and therefore he was entitled to be reinstated to conditional release. We conclude that the circuit court should have treated the petition for writ of mandamus as a petition for writ of habeas corpus, see Rowe v. State, 765 So. 2d 94 (Fla. 1st DCA 2000), and thus it was erroneous to deny the petition as time-barred. Martin v. Fla. Parole Comm’n, 951 So. 2d 84 (Fla. 1st DCA 2007).
REVERSED and REMANDED for further proceedings.
WEBSTER, VAN NORTWICK, and THOMAS, JJ., concur.
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Pearce v. McNEIL, 1 So. 3d 281 (Fla. 1st DCA 2009)…al findings concerning the equitable considerations inherent in resolving a laches claim, it would be inappropriate for this court to do so. See Bryant v. Fla. Parole Comm’n, 965 So. 2d 825 (Fla. 1st DCA 2007); accord, Barrera v. Fla. Parole Comm’n, 987 So. 2d 810 (Fla. 1st DCA 2008). Accordingly, the circuit court’s order denying habeas corpus relief on remand is QUASHED, and the matter is REMANDED for further proceedings consistent herewith. WOLF, LEWIS, and ROBERTS, JJ., concur.…
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Lleo v. State, 41 So. 3d 1106 (Fla. 3d DCA 2010)…the merits. A challenge to the Commission’s decision to revoke conditional release and the petitioner’s claim that he is entitled to immediate release is properly brought by a petition for writ of habeas corpus. See Barrera v. Fla. Parole Comm’n, 987 So. 2d 810, 811 (Fla. 1st DCA 2008); Stanley v. Moore, 744 So. 2d 1160, 1161 (Fla. 1st DCA 1999). Section 79.09, Florida Statutes (2009), requires the inmate to file his/her habeas corpus petition with the clerk of the circuit court of the county in which he/s…
Authorities Cited
- Martin v. Fla. Parole Comm'n, 951 So. 2d 84 (Fla. 1st DCA 2007)
- Rowe v. State, 765 So. 2d 94 (Fla. 1st DCA 2000)
- Williams v. Fla. Parole Comm'n, 954 So. 2d 1271 (Fla. 1st DCA 2007)
- Monasmith v. Monasmith, 954 So. 2d 1271 (Fla. 1st DCA 2007)