THOMAS COOK, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT

Fla. 1st DCA | 2011-09-16
No. 1D11-1520
PADOVANO, ROBERTS, and MARSTILLER, JJ., concur.
73 So. 3d 296 Florida District Court of Appeal, First District (2011) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Thomas Cook seeks review of a circuit court order denying his petition for writ of mandamus. We treat his notice of appeal as a petition for second-tier certiorari review, see Florida Rule of Appellate Procedure 9.040(c), and we deny the petition because Mr. Cook has not demonstrated entitlement to relief. See generally Sheley v. Florida Parole Comm’n, 703 So.2d 1202 (Fla. 1st DCA 1997), approved, 720 So.2d 216 (Fla.1998).

DENIED.

PADOVANO, ROBERTS, and MARSTILLER, JJ., concur.


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  • Tyler v. State, 107 So. 3d 547 (Fla. 1st DCA 2013)
  • Mullins v. State, 74 So. 3d 146 (Fla. 1st DCA 2011)
    …698 So. 2d 1206, 1209-1210 (Fla.1997) (noting that defendant could not be convicted of trafficking possession and possession of same quantum of drug, although defendant could be convicted of trafficking sale and simple possession); Melton v. State, 73 So. 3d 296 (Fla. 1st DCA 2011) (“We do however, agree that Appellant could not be convicted o[f] [sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver methamphetamine in violation of section 893.13] and [trafficking in metham…
  • Palmer v. State, 180 So. 3d 1096 (Fla. 1st DCA 2015)
    …nufacturing. See id. at 1209-10 (holding a person may not be convicted and punished for both trafficking possession of cocaine [based on possession of a specified amount of the drug] and simple possession of a controlled substance); Melton v. State, 73 So. 3d 296, 297 (Fla. 1st DGA 2011) (holding appellant could not be convicted for the sale, manufacture, delivery or possession with intent to sell, manufacture or deliver methamphetamine, and also convicted for trafficking in methamphetamine, “when the underl…

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